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GRAY LINE NATIONAL TOURS CORPORATION v. UNITED STATES

Civ. A. No. 73-3817.

380 F.Supp. 263 (1974)

GRAY LINE NATIONAL TOURS CORPORATION, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Manhattan Transit Co., et al., Defendants-Intervenors.

United States District Court, S. D. New York.

Decided July 31, 1974.

Attorney(s) appearing for the Case

S. Harrison Kahn, Washington, D. C. (Irving Levin, New York City, of counsel), for plaintiff.

Arthur J. Cerra, Dept. of the General Counsel, I. C. C., Washington, D. C. (Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Dept. of Justice, Washington, D. C., Paul J. Curran, U. S. Atty., S.D.N.Y.; Fritz R. Kahn, Gen. Counsel, and James Kurth, and Peter A. Fitzpatrick, I. C. C., Washington, D. C., of counsel), for defendants.

Charles J. Williams, Madison, Tenn., for defendant-intervenor National Tour Brokers Ass'n.

Robert E. Goldstein, New York City, for defendants-intervenors Manhattan Transit, Campus Travel and Trailways Travel.

L. C. Major, Jr., Alexandria, Va., for defendants-intervenors Greyhound Lines, Inc., and others.

Francis V. Goggins, New York City, for defendant-intervenor Tauck Tours, Inc.

Before FRIENDLY, Circuit Judge, and FRANKEL and WARD, District Judges.

FRIENDLY, Circuit Judge:

Plaintiff Gray Line National Tours Corporation (GLNT) is a wholly-owned subsidiary of Gray Line Sightseeing Companies Associated, Inc. (GLA), which is an association of companies in many cities in the United States and abroad. The members offer local sightseeing tours, often under the rubric "Gray Line". Some of the United States members have authority to engage in the motor carriage of passengers; more do not.

GLNT brought this action...

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