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AAACON AUTO TRANSPORT, INC. v. UNITED STATES

Civ. No. 72-2221.

345 F.Supp. 101 (1972)

AAACON AUTO TRANSPORT, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Nationwide Auto Transporters, Inc., Intervening Defendant.

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

As Amended On Motion for Reargument and/or Reconsideration Denied September 1, 1972.

Attorney(s) appearing for the Case

Paul Zola, New York City (Zola & Zola, New York City, of counsel), for plaintiff.

Theodore C. Knappen, Atty., I. C. C., Washington, D. C. (Whitney North Seymour, Jr., U. S. Atty., New York City, Fritz R. Kahn, Gen. Counsel, Walker B. Comegys, Acting Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., of counsel), for defendants.

Harold G. Hernly, Arlington, Va. (Harold G. Hernly, Jr., and Wrape & Hernly, Arlington, Va., of counsel), and Gordon H. Marsh, New York City (Peter W. Williamson, and Williamson & Schoeman, New York City, of counsel), for intervening defendant.

Before FRIENDLY, Chief Circuit Judge, FRANKEL and BRIEANT, District Judges.

FRIENDLY, Chief Circuit Judge:

This is an action by Aaacon Auto Transport, Inc. (Aaacon), holder of a certificate under the Motor Carrier Act for the driveaway of automobiles,1 to enjoin an order of the Interstate Commerce Commission. The order, No. MCFC-72889, summarized at 36 F.R. 22795 (1971), authorized Dealers Transit, Inc. (Dealers) to transfer to Nationwide Auto Transporters, Inc. (Nationwide) Dealers' non-radial rights to transport...

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