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ENGEL VAN LINES, INC. v. UNITED STATES

Civ. A. No. 1327-73.

374 F.Supp. 1217 (1974)

ENGEL VAN LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, United Van Lines, Inc., Intervening Defendant.

United States District Court, D. New Jersey.

February 21, 1974.

Attorney(s) appearing for the Case

William P. Ries, Maplewood, N. J., Brodsky, Linett & Altman, by Robert J. Gallagher, New York City, Todd, Dillon & Sullivan, by William P. Sullivan, Washington, D. C., for plaintiff.

Hugh W. Cuthbertson, Washington, D. C., for Interstate Commerce Comm.

William J. Hanlon, Newark, N. J., Rebman & Aschemeyer, by F. Neil Aschemeyer, St. Louis, Mo., for intervening defendant.

Before GARTH, Circuit Judge and COOLAHAN and LACEY, District Judges.

OPINION

COOLAHAN, District Judge:

The instant case comes before this Court pursuant to 28 U.S.C. § 23251 requiring a District Court of three judges to be convened in suits attacking orders of the Interstate Commerce Commission. Plaintiff, Engel Van Lines, Inc. (Engel), is a corporation organized in New Jersey and has its principal office in Elizabeth, New Jersey. This District is thus a proper venue. 28 U.S.C. § 1398...

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