Legal Opinion

Interstate Commerce Commission v. Koral Sales, Inc.

District Court, E.D. Wisconsin

Decided August 24, 1977No. 76-C-655Published

1Opinion of the Court

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendants Farm Lines Co-op, Inc., and Jerry Seidman, have moved to dismiss this action as to them since the action was not commenced under the supervision of the attorney general of the United States. The movants contend that this is an essential component of jurisdiction, pursuant to 28 U.S.C. §§ 516 and 519. The motion to dismiss will not be granted.

The right to conduct litigation “in which the United States, an agency, or officer *1183thereof is a party” is reserved to the attorney general of the United States “except as otherwise…

2Cases cited6 opinions

  1. Interstate Commerce Commission v. Southern Railway Company and Central of Georgia Railroad CompanyCourt of Appeals for the Fifth Circuit · 1976
  2. Baggett Transportation Company v. Hughes Transportation, Inc., and Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1968
  3. Consolidated Freightways, Inc., a Corporation v. United Truck Lines, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1954
  4. Interstate Commerce Commission v. Southern Railway Company and Central of Georgia Railroad CompanyCourt of Appeals for the Fifth Circuit · 1977
  5. Interstate Commerce Commission v. Chatsworth Cooperative Marketing Association, a Corporation, and John W. Howell, an IndividualCourt of Appeals for the Seventh Circuit · 1965

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