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YOURGA TRUCKING, INC. v. UNITED STATES

Civ. A. No. 68-883.

308 F.Supp. 625 (1969)

YOURGA TRUCKING, INC. v. UNITED STATES of America and Interstate Commerce Commission and The Kaplan Trucking Company, Daniels Motor Freight, Inc., Akron-Chicago, Inc. and Great Lakes Express Company.

United States District Court, W. D. Pennsylvania.

Decided November 20, 1969.

Attorney(s) appearing for the Case

Harold G. Hernly, Wrape & Hernly, Washington, D. C., Henry M. Wick, Jr., Delisi, Wick & Vuono, Pittsburgh, Pa., for plaintiff.

John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Philip W. Getts, Interstate Commerce Commission, Washington, D. C., for I.C.C.

Rex Eames, Eames, Petrillo, Wilcox & Nelson, Detroit, Mich., for Akron-Chicago, Inc. and Great Lakes Express Co.

John McMahon, George, Greek, King, McMahon & McConnaughey, Columbus, Ohio, Arthur Diskin, Pittsburgh, Pa., for Kaplan Trucking Co. and Daniels Motor Freight, Inc.

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

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Yourga Trucking, Inc. instituted this suit to annul, enjoin and set aside an order of the Interstate Commerce Commission denying the plaintiff's application for a certificate of public convenience and necessity. This three-judge court has been convened pursuant to 28 U.S.C.A. §§ 2325 and 2284.

Yourga has engaged in the business of transporting iron and steel within the state of Pennsylvania...

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