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C-LINE, INC. v. UNITED STATES

Civ. A. No. 4965.

376 F.Supp. 1043 (1974)

C-LINE, INC., and American Institute for Shippers' Association, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Rhode Island.

May 22, 1974.

Attorney(s) appearing for the Case

Ronald N. Cobert, of Grove, Jaskiewicz & Gilliam, Washington, D. C., George M. Vetter, Jr., of Hinckley, Allen, Salisbury & Parsons, Providence, R. I., for plaintiffs C-Line, Inc. and American Institute for Shippers' Assn.

Wm. P. Sullivan and Robert M. Sielaty, of Todd, Dillon & Sullivan, Washington, D. C., William F. McMahon, of McMahon & McMahon, Providence, R. I., for intervening plaintiff Contract Carrier Conference of American Trucking Assns., Inc.

John H. D. Wigger, U. S. Dept. of Justice, Washington, D. C., Lincoln C. Almond, U. S. Atty., Providence, R. I., for defendants United States and Interstate Commerce Commission.

Joseph R. DeStefano, East Providence, R. I., Adolph N. Anderson, Jr., Providence, R. I., Ronald B. Natalie, of Verner, Liipfert, Bernhard & McPherson, Washington, D. C., for intervening defendants.

OPINION

Before McENTEE, Circuit Judge, PETTINE, Chief Judge and DAY, District Judge.

DAY, District Judge.

In this action the plaintiffs seek to enjoin, annul and set aside orders of the Interstate Commerce Commission (hereinafter "Commission") holding that the proposed activities of the plaintiff C-Line, Inc. did not qualify as that of a "contract carrier by motor vehicle" within the provisions of 49...

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