Hildenbrand v. National Butter Co.

JOYCE, District Judge.

Defendants herein move to dismiss this action brought by nine certificated common carriers to enjoin defendants from transporting property in interstate commerce by motor vehicle for compensation unless and until such time as they have obtained from the Interstate Commerce Commission a permit and certificate of convenience and ■necessity authorizing them to engage in such operations and business. Defendants’ motion to dismiss is based upon the grounds that the court is without .jurisdiction over the subject matter, and that the plaintiffs .are not the proper parties to…