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EASTERN OIL TRANSPORT, INC. v. UNITED STATES

No. 74-5-CIV-7.

413 F.Supp. 121 (1976)

EASTERN OIL TRANSPORT, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Kenan Transport Company et al., Intervening-Defendants.

United States District Court, E. D. North Carolina, Wilmington Division.

April 30, 1976.

Attorney(s) appearing for the Case

Eugene C. Brooks, III, Durham, N. C., and Chester A. Zyblut, Washington, D. C., for plaintiff.

Thomas P. McNamara, U. S. Atty., Raleigh, N. C., for defendant United States of America.

Kenneth G. Caplan, Atty., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Thomas W. Steed, Jr., Allen, Steed & Pullen, Raleigh, N. C., Francis W. McInerny and Richard A. Mehley, MacDonald & McInerny, Washington, D. C., and James R. Ziperski, Milwaukee, Wis., for intervening defendants Kenan Transport Co., Laney Tank Lines, Inc., and Schwerman Trucking Co.

Alton Y. Lennon, Stevens, McGhee, Morgan & Lennon, Wilmington, N. C., and Frank B. Hand, Jr., Berryville, Va., for intervening defendant Infinger Transportation Co.

Before CRAVEN, Circuit Judge, BUTLER, Senior District Judge, and DUPREE, District Judge.

MEMORANDUM DECISION

PER CURIAM:

This is an action by Eastern Oil Transport, Inc. (hereinafter referred to as Eastern Oil) against the United States of America and the Interstate Commerce Commission (hereinafter referred to as the ICC or the Commission) to enjoin and set aside an order of the ICC denying Eastern Oil a certificate of public convenience and necessity to transport certain products in interstate commerce. Jurisdiction is invoked under 28 U.S...

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