United States v. Railway Exp. Agency, Inc.

RODNEY, District Judge.

This case involves a motion of the defendant, Railway Express Agency, Inc., to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. and a motion of the plaintiff, the United States of America, for judgment on the pleadings under Rule 12(c). A decision of this court on April 3, 1950, 1 rejected the defendant’s contention that the court was without jurisdiction to hear this case, but then stayed the proceedings until certain further action was taken by the Interstate Commerce Commission. These proceedings by the Commission having been…