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T. I. McCORMACK TRUCKING CO. v. UNITED STATES

Civ. A. No. 314-67.

298 F.Supp. 39 (1969)

T. I. McCORMACK TRUCKING CO., Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. New Jersey.

March 26, 1969.

Attorney(s) appearing for the Case

Peter E. Reilly, Jr., Jersey City, N. J., for plaintiff, Frank B. Hand, Jr., Washington, D. C., of counsel.

David M. Satz, Jr., Newark, N. J., for United States.

Robert W. Ginnane, Arthur J. Cerra, Steven Kazan, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before McLAUGHLIN, Circuit Judge, and COOLAHAN and SHAW, District Judges.

COOLAHAN, District Judge:

This is an action to enjoin and set aside an August 5, 1966 Order of the Interstate Commerce Commission, wherein the Commission required plaintiff to cease and desist from certain operations conducted under its Certificate of Public Convenience and Necessity, known as "Sub 70 Authority," which was issued in 1948. The Commission charged that these operations exceeded the territorial authority allowed by the Certificate. This court derives...

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