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CENTRAL & SO. MOTOR FRGT. TARIFF ASS'N, INC. v. UNITED STATES

Civ. A. No. 3761.

345 F.Supp. 1389 (1972)

CENTRAL & SOUTHERN MOTOR FREIGHT TARIFF ASSOCIATION, INC., et al., Plaintiffs, and Freight Forwarders Institute, Intervening Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Railway Express Agency, Inc., and the Drug and Toilet Preparation Traffic Conference, Intervening Defendants.

United States District Court, D. Delaware.

July 7, 1972.

Attorney(s) appearing for the Case

David A. Drexler, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for plaintiffs.

Bryce Rea, Jr., of Rea, Cross & Knebel, Washington, D. C., for plaintiff motor carrier associations.

William H. Dempsey, Jr., of Shea & Gardner, Washington, D. C., for plaintiff freight forwarding companies.

F. L. Peter Stone, U. S. Atty., Wilmington, Del., Leonard S. Goodman, Asst. Gen. Counsel I.C.C., Washington, D. C., Walker B. Comegys, Asst. Atty. Gen., Washington, D. C., John H. D. Wigger, Department of Justice, Washington, D. C., for United States of America and Interstate Commerce Commission.

John Van Brunt, Jr., of Killoran & Van Brunt, Wilmington, Del., John J. C. Martin, New York City, for intervening defendant Railway Express Agency.

Andrew G. T. Moore, II, of Killoran & Van Brunt, Wilmington, Del., Daniel J. Sweeney, of Belnap, McCarthy, Spencer, Sweeney & Harkaway, Chicago, Ill., for intervening defendant Drug & Toilet Preparation Traffic Conference, Inc.

Before HASTIE, Senior Circuit Judge, WRIGHT, District Judge, and LAYTON, Senior District Judge.

OPINION

LAYTON, Senior District Judge.

This case is before this three-judge Court pursuant to the provisions of 28 U.S.C. § 1336, in an attempt to set aside and annul part of a Report and Order of the Interstate Commerce Commission, dated April 16, 1969, and receive any other relief which the Court might deem appropriate. This Court is no stranger to the matters raised in this case, for many of them were discussed by this Court in a previous action...

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