Tri-State Motor Transit Co. v. Leonard Bros. Trucking Co.

FINDINGS, ORDER AND OPINION

ELMO B. HUNTER, District Judge.

Plaintiffs seek an injunction and attorneys’ fees under the provisions of 49 U.S.C. § 322(b) (2), the so-called “self-help” statute which provides that if any person operates in clear and patent violation of any provisions of the Interstate Commerce Commission Act or any rule, regulation or order of the Commission any person injured may apply to the district court of any district where the violator operates for enforcement of the law, rule, regulation or order.1

The three plaintiffs, Tri-State Motor Transit Company, Riss and Co., and…