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KEEN TRANSPORT, INC. v. UNITED STATES

Civ. A. No. C75-170.

446 F.Supp. 5 (1976)

KEEN TRANSPORT, INC., Plaintiff, v. UNITED STATES of America et al., Defendants.

United States District Court, N. D. Ohio, E. D.

August 6, 1976.

Attorney(s) appearing for the Case

Paul F. Beery, Michael Spurlock, Columbus, Ohio, John A. Kundtz, Thompson, Hine & Flory, Cleveland, Ohio, for Keen Transport, Inc.

John H. D. Wigger, U. S. Dept. of Justice, Washington, D. C., for United States of America.

Peter A. Fitzpatrick, I. C. C., Washington, D. C., for I. C. C.

Before CELEBREZZE, Circuit Judge, LAMBROS and KRUPANSKY, District Judges.

MEMORANDUM

KRUPANSKY, District Judge.

Plaintiff Keen Transport, Inc. (Keen), seeks to enjoin enforcement of Order No. MC-111320 of the Interstate Commerce Commission (ICC or Commission) denying plaintiff's gateway elimination application. Keen operates as a common motor carrier, transporting specific commodities in interstate commerce between various points in the United States under a Certificate of Public Convenience and Necessity No. MC-111320 and Subs...

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