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TRUCK TRANSPORT, INCORPORATED v. UNITED STATES

No. 68 C 96(1).

300 F.Supp. 159 (1969)

TRUCK TRANSPORT, INCORPORATED, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Slay Transportation Co., Inc., and Kreider Truck Service, Inc., Intervenors.

United States District Court E. D. Missouri, E. D.

May 9, 1969.

Attorney(s) appearing for the Case

James L. Hawkins, of Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., and Thos. F. Kilroy, Kilroy & Sullivan, Washington, D. C., for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Veryl L. Riddle, U. S. Atty., St. Louis, Mo., Robt. W. Ginnane, Gen. Counsel and Barry Roberts, Atty., I. C. C., Washington, D. C., for defendants the United States and I. C. C.

Paul J. Simon, St. Louis, Mo., for intervenor Slay Transportation Co.

Ernest A. Brooks, II, St. Louis, Mo., for intervenor Krieder Truck Service, Inc.

Before MATTHES, Circuit Judge, and HARPER and MEREDITH, District Judges.

MEMORANDUM OPINION

HARPER, District Judge.

This is an action by the plaintiff herein to set aside, vacate and annul certain orders of the defendant, Interstate Commerce Commission (ICC), and to remand the proceedings to said ICC for further consideration.

Jurisdiction is based upon 28 U.S.C.A. §§ 1336, 1398, 2284 and 2321-2325. Pursuant to 28 U.S.C.A. § 2325 a three-judge district court was convened and the matter was presented thereto...

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