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CHEMICAL LEAMAN TANK LINES, INC. v. U. S.

Civ. A. No. 3560.

446 F.Supp. 721 (1978)

CHEMICAL LEAMAN TANK LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Brown Brothers Express, Inc. (Peerless Transport Corp.), Intervening Defendant.

United States District Court, D. Delaware.

Decided March 17, 1978.

Attorney(s) appearing for the Case

John Williams, of Schmittinger & Rodriguez, P. A., Wilmington, Del., and Leonard A. Jaskiewicz and William H. Shawn of Grove, Jaskiewicz, Gilliam & Cobert, Washington, D. C., for plaintiff.

James W. Garvin, U. S. Atty., D. Del., by John H. McDonald, Asst. U. S. Atty., Wilmington, Del., and Ellen K. Schall, I. C. C., Washington, D. C., for defendants.

H. James Conaway, Jr., of Young, Conaway, Stargatt & Taylor, Wilmington, Del., and John A. Vuono and William A. Gray of Wick, Vuono & Lavelle, Pittsburgh, Pa., for intervening defendants.

Before SEITZ, Chief Circuit Judge, and WRIGHT and LAYTON, Senior District Judges.

OPINION OF THE COURT

PER CURIAM:

Chemical Leaman Tank Lines has filed a "Further Complaint" asking that this three-judge court be reconvened pursuant to 28 U.S.C. § 2284, to consider plaintiff's petition to enjoin, set aside or suspend certain orders of the Interstate Commerce Commission. These parties originally were before us in 1969. At that time, we set aside an order of the ICC which denied Chemical Leaman leave to file a petition for reconsideration...

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