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CONSOLIDATED CARRIERS CORP. v. UNITED STATES

No. 70 Civ. 4123(MP).

321 F.Supp. 1098 (1970)

CONSOLIDATED CARRIERS CORP., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, S. D. New York.

Judgment Affirmed April 19, 1971.

Attorney(s) appearing for the Case

Zelby & Burstein, New York City, for plaintiff; by Herbert Burstein, and Arthur Liberstein, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, for the United States by Joel B. Harris, Asst. U. S. Atty.

Robert W. Ginnane, Gen. Counsel for Interstate Commerce Commission by Arthur M. Toback, Washington, D. C.

Before KAUFMAN, Chief Judge and TENNEY, and POLLACK, District Judges.

Judgment Affirmed April 19, 1971. See 91 S.Ct. 1375.

OPINION

PER CURIAM:

The Interstate Commerce Commission ("ICC") has found the plaintiff unfit to be licensed to transport wearing apparel and accessories by motor carrier in interstate commerce. A three-judge District Court was convened to consider whether the ICC order denying a certificate of public convenience and necessity to the plaintiff was arbitrary and capricious and whether, at all events...

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