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YELLOW FORWARDING COMPANY v. I. C. C.

Civ. A. No. KC-3708.

369 F.Supp. 1040 (1973)

YELLOW FORWARDING COMPANY et al., Plaintiffs, v. INTERSTATE COMMERCE COMMISSION et al., Defendants.

United States District Court, D. Kansas.

November 15, 1973.

Attorney(s) appearing for the Case

John E. Jandera, Jandera & Christey, Topeka, Kan., William J. Lippman, Washington, D. C., for plaintiffs.

Hanford O'Hara, Atty., Fritz R. Kahn, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Robert J. Roth, U. S. Atty., Kansas City, Kan., John H. D. Wigger, Atty., Thomas E. Kauper, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for United States of America.

Harold E. Mesirow, Washington, D. C., Wash H. Brown, Kansas City, Kan., for Alltransport Inc.

Before HILL, Circuit Judge, and TEMPLAR and O'CONNOR, District Judges.

O'CONNOR, District Judge.

This action was instituted to enjoin, set aside and annul orders of the Interstate Commerce Commission granting domestic freight forwarder authority to Alltransport Incorporated, pursuant to Section 410 of the Interstate Commerce Act [49 U.S.C. § 1010]. Jurisdiction of this court to review the Commission's orders is predicated on 28 U.S.C. § 1336(a), § 1398(a), § 2284 and §§ 2321 to 2325, 49 U.S.C. § 17...

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