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CHEMICAL LEAMAN TANK LINES, INC. v. A. J. WEIGAND, INC.

Civ. A. No. 4504.

359 F.Supp. 1238 (1973)

CHEMICAL LEAMAN TANK LINES, INC., et al., Plaintiffs, v. A. J. WEIGAND, INC., Defendant.

United States District Court, District of Delaware.

May 31, 1973.

Attorney(s) appearing for the Case

Daniel M. Kristol, of Killoran and Van Brunt, Wilmington, Del., Leonard A. Jaskiewicz and Ronald N. Cobert, of Grove, Jaskiewicz & Gilliam, Harry C. Ames, Jr., of Ames, Hill and Ames, Washington, D. C., Leonard R. Kofkin, of Axelrod, Goodman, Steiner & Bazelon, Chicago, Ill., for plaintiffs.

E. Dickinson Griffenberg, Jr., of Potter, Anderson & Corroon, Wilmington, Del., and Jacob P. Billig, of Billig & Jones, P. C., Washington, D. C., for defendant.

OPINION

STAPLETON, District Judge:

Plaintiffs in this case, four certificated trucking companies, have brought this action seeking an injunction against alleged continuing violations of 49 U.S. C. § 306(a)(1) by the defendant, A. J. Weigand, Inc. (Weigand).1 Jurisdiction is alleged under 49 U.S.C. § 322(b) (2) which provides in pertinent part:

If any person operates in clear and patent violation of any provision...

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