Stearn v. United States

PAUL, Chief Judge.

The plaintiffs in this action, J. M. Stearn and Dan Hartman, who will hereafter be referred to as Stearn and Hartman respectively, are both motor carriers in interstate commerce. The purpose of the action is to have the court vacate and set aside an order of the Interstate Commerce Commission (hereafter referred to as the Commission) which denied approval of a proposed sale and transfer by Hartman to Stearn of certain of the former’s operating rights. Jurisdiction is invoked under 28 U.S.C.A. § 41(28), now 28 U.S.C.A. § 1336, and 49 U.S.C.A. §§ 17(9) and 305(g). (Note: Since…