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MOVERS' & WAREHOUSEMEN'S ASS'N OF AMER. v. UNITED STATES

Civ. A. No. 508-68.

303 F.Supp. 563 (1969)

MOVERS' & WAREHOUSEMEN'S ASSOCIATION OF AMERICA, Inc., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, PepsiCo, Inc., Spedco, Inc., and North American Van Lines, Inc., Intervening Defendants.

United States District Court D. New Jersey.

June 23, 1969.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, for plaintiff.

David M. Satz, U. S. Atty., Newark, N. J., Edwin M. Zimmerman, Asst. Atty. Gen., Department of Justice, Washington, D. C., for United States.

Robert W. Ginnane, General Counsel, Washington, D. C., for I. C. C.

Shanley & Fisher, Newark, N. J., Irving J. Raley, Donald Macleay, Washington, D. C., for intervening defendants.

Before FORMAN, Circuit Judge, and SHAW and WHIPPLE, District Judges.

OPINION

FORMAN, Circuit Judge.

This is an action based on a complaint brought by plaintiff Movers' & Warehousemen's Association of America, Inc., seeking to enjoin, annul and set aside an order of the Interstate Commerce Commission served on February 29, 1968, approving the acquisition of North American Van Lines, Inc. (NAVL) by Spedco, Inc., a wholly owned subsidiary of PepsiCo, Inc., in Docket No. MC-F-9463. The complaint also attacks the final order...

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