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TRI-STATE MOTOR TRANSIT CO. v. LEONARD BROS. TRUCKING CO.

No. 2150.

347 F.Supp. 872 (1972)

TRI-STATE MOTOR TRANSIT COMPANY et al., Plaintiffs, and Interstate Commerce Commission, Intervening Plaintiff, v. LEONARD BROS. TRUCKING CO., Inc.

United States District Court, W. D. Missouri, Southwestern Division.

April 26, 1972.

Attorney(s) appearing for the Case

Lawrence R. Brown and Lawrence M. Berkowitz, Kansas City, Mo., for plaintiffs.

Harry F. Horak, Regional Counsel, I. C. C., Ft. Worth, Tex., for intervening plaintiff.

Lewis A. Dysart, Kansas City, Mo., William O. Turney, Washington, D. C., for defendant.

FINDINGS, ORDER AND OPINION

ELMO B. HUNTER, District Judge.

Plaintiffs seek an injunction and attorneys' fees under the provisions of 49 U.S.C. § 322(b) (2), the so-called "self-help" statute which provides that if any person operates in clear and patent violation of any provisions of the Interstate Commerce Commission Act or any rule, regulation or order of the Commission any person injured may apply to the district court of any district where the...

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