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DART TRANSIT COMPANY v. UNITED STATES

No. 3-73-Civ-280.

386 F.Supp. 1387 (1975)

DART TRANSIT COMPANY, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission et al., Intervening Defendants.

United States District Court, D. Minnesota, Third Division.

January 17, 1975.

Attorney(s) appearing for the Case

James C. Hardman, Hardman, Burke, Kerwin & Towle, Chicago, Ill., and William S. Rosen, Rosen, Kaplan & Ballenthin, Saint Paul, Minn., for plaintiff.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Robert G. Renner, U. S. Atty., Minneapolis, Minn., for defendant.

Fritz R. Kahn, Gen. Counsel, and H. G. Homme, Jr., Atty., Interstate Commerce Commission, Washington, D. C., for intervening defendant Interstate Commerce Commission.

Joel H. Steiner, Axelrod, Goodman, Steiner & Bazelon, Chicago, Ill., and James L. Nelson, Saint Paul, Minn., for intervening defendant Western Trans. Co.

Michael E. Murphy, Lindquist & Vennum, Minneapolis, Minn., for intervening defendant Raymond Motor Trans., Inc.

Before HEANEY, Circuit Judge, DEVITT, Chief District Judge, and LORD, District Judge.

MEMORANDUM & ORDER

DEVITT, Chief District Judge.

This is an action to set aside and annul an Order of the Interstate Commerce Commission denying plaintiff's application for a certificate of public convenience and necessity under which it sought authorization to conduct motor common carrier operations from points in Illinois to points in seven North Central states. Jurisdiction exists under 28 U.S.C. §§ 1336, 2284, and 2321-2325.

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