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KENT FREIGHT LINES, INC. v. UNITED STATES

Civ. A. No. 21357.

341 F.Supp. 787 (1972)

KENT FREIGHT LINES, INC., Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Easton Motor Lines, Inc., Intervening Defendant.

United States District Court, D. Maryland.

April 13, 1972.

Attorney(s) appearing for the Case

William J. Little, Baltimore, Md., for plaintiff, Kent Freight Lines, Inc.

Walter B. Comegys, Acting Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and George Beall, U. S. Atty., D. Md., Baltimore, Md., for defendant, U.S.

Fritz R. Kahn, Gen. Counsel and James F. Tao, Atty. I. C. C., Washington, D. C., for defendant, I. C. C.

Samuel S. Smalkin, and Rollins, Smalkin, Weston & Andrew, Baltimore, Md., and Francis W. McInerny, Peter A. Fitzpatrick and MacDonald & McInerny, Washington, D. C., for intervening defendant, Easton Motor Lines, Inc.

Before SOBELOFF, Senior Circuit Judge, WATKINS, Senior District Judge, and HARVEY, District Judge.

PER CURIAM:

This is an action by Kent Freight Lines, Inc. (Kent) to set aside in part an order of the Interstate Commerce Commission (Commission) granting authority to Easton Motor Lines, Inc., doing business as Marshall's Express (Easton) to transport as a common carrier by motor vehicle, over irregular routes:

"General Commodities, except those of unusual value, classes A & B explosives, household goods as defined by the Commission, commodities in bulk...

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