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NATIONAL FREIGHT, INC. v. UNITED STATES

Civ. A. No. 1716-72.

359 F.Supp. 1153 (1973)

NATIONAL FREIGHT, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Curtis, Inc., Intervener.

United States District Court, D. New Jersey.

June 13, 1973.

Attorney(s) appearing for the Case

Billig & Jones, P. C. by Jacob Billig, Washington, D. C., for plaintiff.

Herbert J. Stern, U. S. Atty., by William A. Carpenter, Asst. U. S. Atty., for the United States.

James F. Tao, Washington, D. C., for I. C. C.

Fox & Fox, by Arthur D. Grossman, Newark, N. J. (Frederick Coffman, Lincoln, Neb., Nebraska Bar — of counsel), for Curtis, Inc.

Before GIBBONS, Circuit Judge, and FISHER and LACEY, District Judges.

OPINION

CLARKSON S. FISHER, District Judge.

This is an action by a motor carrier, National Freight, Inc. of Vineland, N. J. (hereinafter National), to set aside, enjoin and annul an order of the Interstate Commerce Commission denying National's application for authority to transport meats and meat products after a hearing examiner had determined that such authority should have been granted.

A statutory Three-Judge Court was empanelled and statutory...

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