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PETROLEUM CARRIER CORP. OF FLORIDA v. UNITED STATES

No. 73-302-Civ-J-S.

380 F.Supp. 744 (1974)

PETROLEUM CARRIER CORPORATION OF FLORIDA, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission et al., Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

June 17, 1974.

Attorney(s) appearing for the Case

Martin Sack, Jr., Jacksonville, Fla., for plaintiff.

Thomas E. Kauper, Asst. Atty. Gen., and John H. Wigger, Atty., U.S. Dept. of Justice, Washington, D. C., and John L. Briggs, U.S. Atty., Jacksonville, Fla., for U.S.

Fritz R. Kahn, Gen. Counsel, and Theodore C. Knappen, Atty., I.C.C., Washington, D. C., for I.C.C.

David C. Venable, Washington, D. C., and Dan R. Schwartz, Jacksonville, Fla., for Redwing Carriers, Inc.

Before SIMPSON, Circuit Judge, and SCOTT and TJOFLAT, District Judges.

MEMORANDUM OPINION

CHARLES R. SCOTT, District Judge.

This is an action by Petroleum Carrier Corporation of Florida (PCC) against the United States of America and the Interstate Commerce Commission (hereinafter referred to as the Commission or the ICC) to set aside an order of the ICC. The case arises under the provisions of Section 205(g) of the Interstate Commerce Act, 49 U.S.C. § 305(g) ; 28 U.S.C. §§ 1336, 2284, 2321-2325; and Section 10...

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