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CHEMICAL LEAMAN TANK LINES, INC. v. UNITED STATES

Civ. A. No. 4106.

343 F.Supp. 104 (1972)

CHEMICAL LEAMAN TANK LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Fleet Transport Company, Inc., and Schwerman Trucking Co., Intervening Defendants.

United States District Court, D. Delaware.

May 25, 1972.

Attorney(s) appearing for the Case

Andrew G. T. Moore, 2nd, Killoran & Van Brunt, Wilmington, Del., Leonard A. Jaskiewicz and Ronald N. Cobert, of Grove, Jaskiewicz & Gilliam, Washington, D. C., for plaintiff.

F. L. Peter Stone, U. S. Atty., Wilmington, Del., Richard W. McLaren, Asst. Atty. Gen., Washington, D. C., Gregory B. Hovendon, Department of Justice, Washington, D. C., for defendant United States of America.

Charles H. White, Jr., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

H. James Conaway, Jr., and Richard H. May of Young, Conaway, Stargatt & Taylor, Wilmington, Del., Wade Livingston, Vice President, Fleet Transport Co., Nashville, Tenn., James R. Ziperski, Schwerman Trucking Co., Milwaukee, Wis., for intervening defendants.

Before BIGGS, Senior Circuit Judge, and LATCHUM and STAPLETON, District Judges.

OPINION

STAPLETON, District Judge.

This is an action to set aside a report and order of the Interstate Commerce Commission authorizing the intervening defendants, Fleet Transport Company, Inc., of Atlanta, Georgia, and Schwerman Trucking Company of Milwaukee, Wisconsin, to operate as common carriers by motor vehicle, transporting certain specified chemical products in bulk from Cartersville, Bartow County, Georgia, to points in North Carolina, South Carolina...

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