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BLUE BIRD COACH LINES, INC. v. UNITED STATES

No. 71 Civ. 139.

328 F.Supp. 1331 (1971)

BLUE BIRD COACH LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and M. I. Loker and Pauline Loker, d/b/a Seaway Coach Lines, Intervening Defendant.

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

July 8, 1971.

Attorney(s) appearing for the Case

Ronald W. Malin, Jamestown, N. Y., for plaintiff.

James F. Tao, U. S. Atty. (Fritz R. Kahn, Washington, D. C., of counsel), for defendant Interstate Commerce Commission.

H. Kenneth Schroeder, Jr., U. S. Atty. (Richard W. McLaren, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, of counsel), for defendant United States of America.

S. Harrison Kahn, Washington, D. C. (Lester H. Block, Buffalo, N. Y., of counsel), for M. I. Loker and Pauline Loker, d/b/a Seaway Coach Lines, intervening defendant.

Before FRIENDLY, Chief Circuit Judge, and HENDERSON and CURTIN, District Judges.

FRIENDLY, Chief Circuit Judge:

Blue Bird Coach Lines, Inc. (Blue Bird), into which Chautauqua Transit, Inc. (Chautauqua) has now been merged, here asks us to enjoin, suspend, annul, and set aside orders of the Interstate Commerce Commission approving the issuance of a certificate for bus transportation to M. I. Loker and Pauline Loker, a partnership doing business as Seaway Coach Lines (Seaway). Because of the Commission's refusal to accord Blue Bird and Chautauqua...

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