Curtis, Inc. v. United States

MEMORANDUM OPINION

WINNER, District Judge.

Plaintiff seeks to enjoin enforcement of an order of the Interstate Commerce Commission. Jurisdiction rests on 28 U.S.C. § 1336, and the case has been heard by a three-judge court pursuant to 28 U.S.C. § 2325. We are called upon to decide whether Curtis can collaterally attack a so-called “Keystone restriction.”

Before 1957, plaintiff’s predecessor, Nate’s Truck Line, operated under a contract carrier permit authorizing transportation under contracts with persons “who operate meat packinghouses, for the transportation of fresh meats, and packinghouse…