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LEONARD EXPRESS, INC. v. UNITED STATES

Civ. A. No. 68-775.

298 F.Supp. 556 (1969)

LEONARD EXPRESS, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court W. D. Pennsylvania.

April 15, 1969.

Attorney(s) appearing for the Case

Jerome Solomon, Pittsburgh, Pa., Christian V. Graf, Harrisburg, Pa., for plaintiff.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., William A. Goichman and Joseph C. Bruno, Harrisburg, Pa., Philip W. Getts, Washington, for defendants.

Before ALDISERT, Circuit Judge, and MILLER and ROSENBERG, District Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are to determine whether the deliberate movement of freight by a common carrier from one state to another and then a return to the state of origin for delivery for the sole purpose of creating a technical interstate passage is a legitimate and appropriate exercise of interstate authorities granted by the Interstate Commerce Commission.1 The ICC held it was not; the carrier, Leonard...

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