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CARGO EXPRESS, INC. v. UNITED STATES

Civ. No. C 71-189.

345 F.Supp. 577 (1972)

CARGO EXPRESS, INC., an Ohio Corporation, and Ohio Fast Freight, Inc., an Ohio Corporation, Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, N. D. Ohio, E. D.

March 21, 1972.

Attorney(s) appearing for the Case

John A. Kundtz and Daniel W. Hammer, Thompson, Hine & Flory, Cleveland, Ohio, Paul Beery, Beery & Pemberton, Columbus, Ohio, for plaintiffs.

Frederick Coleman, U. S. Atty., Robert R. Bauer, Cleveland, Ohio, Lee A. Rau, Dept. of Justice, Richard H. Streeter, Interstate Commerce Comm., Washington, D. C., for defendants.

Before CELEBREZZE, Circuit Judge, GREEN, District Judge, and KALBFLEISCH, Senior District Judge.

MEMORANDUM

KALBFLEISCH, Senior District Judge.

Pursuant to 28 U.S.C. §§ 1336, 1398, 2284, and 2321-2325, plaintiffs have brought an action to set aside an order of the Interstate Commerce Commission (hereinafter called Commission) directed against them. A three-judge court has been convened to hear this action. 28 U.S.C. § 2284. Plaintiff Cargo Express, Inc. (hereinafter called Cargo) is an Ohio corporation desirous of becoming a common carrier...

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