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LAND-AIR DELIVERY, INC. v. UNITED STATES

No. KC-3167.

327 F.Supp. 808 (1971)

LAND-AIR DELIVERY, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Springfield Airport Limousine, Inc., Intervening Defendant.

United States District Court, D. Kansas.

June 16, 1971.

Attorney(s) appearing for the Case

Blake A. Williamson (of Williamson, Cubbison & Hardy), Kansas City, Kan., Tom B. Kretsinger and Warren H. Sapp (of Kretsinger & Kretsinger), Kansas City, Mo., for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C. (Richard W. McClaren, Asst. Atty. Gen., Washington, D. C., and Robert J. Roth, U. S. Atty., Wichita, Kan., with him on brief), for defendant United States.

Hanford O'Hara, Atty., Interstate Commerce Commission, Washington, D. C. (Fritz R. Kahn, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., with him on brief), for defendant Interstate Commerce Commission.

J. Mitchell Dickerson (of Dickerson & Rock), Overland Park, Kan., and Louis W. Cowan (of Lilley & Cowan), Springfield, Mo., for intervening defendant.

Before HILL, Circuit Judge, and STANLEY and BROWN, District Judges.

OPINION

ARTHUR J. STANLEY, Jr., District Judge:

In this action, brought pursuant to Chapter 157, U.S.C.A., the plaintiff seeks vacation of an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to Springfield Airport Limousine, Inc. (hereinafter Springfield). Jurisdiction is premised upon 28 U.S.C.A. § 1336. Springfield has intervened and, with the Commission, has filed a joint brief.

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