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MESSINGER v. I. C. C.

Civ. No. 68-C-16-CR.

300 F.Supp. 1336 (1969)

Edith C. MESSINGER, Executor of the Estate of Roy Francis Messinger, Deceased, and Cedar Rapids Steel Transportation, Inc., Plaintiffs, v. INTERSTATE COMMERCE COMMISSION, and United States of America, Defendants, and Matson, Inc., et al., Intervenors.

United States District Court N. D. Iowa, Cedar Rapids Division.

May 21, 1969.

Attorney(s) appearing for the Case

Robert E. Konchar, Robert E. Ford, Cedar Rapids, Iowa, for plaintiffs.

Robert W. Ginnane, Gen. Counsel, Nahum Litt, Atty., I. C. C., Washington, D. C., for I. C. C.

Edwin M. Zimmerman, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Asher E. Schroeder, U. S. Atty., Sioux City, Iowa, for United States.

William L. Fairbank, Des Moines, Iowa, for intervenors.

Before HEANEY, Circuit Judge, HANSON and McMANUS, District Judges.

FINDINGS OF FACT CONCLUSIONS OF LAW and ORDER

McMANUS, Chief Judge.

This is an action by plaintiffs seeking to enjoin and set aside orders of the Interstate Commerce Commission (Commission) of March 21, 1968 and April 16, 1968,1 denying plaintiffs' joint application under Section 5 of the Act, and terminating plaintiff Cedar Rapids Steel Transportation, Inc.'s (CRST) temporary authority to lease the operating rights of plaintiff...

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