# Davis & Randall, Inc. v. United States

> District Court, W.D. New York · June 28, 1963 · 219 F. Supp. 673

URL: https://www.frixlaw.com/law-library/cases/9630181

## Case

- **Full name:** DAVIS & RANDALL, INC. and National Motor Freight Traffic Association, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants
- **Court:** District Court, W.D. New York
- **Decided:** June 28, 1963
- **Citations:** 219 F. Supp. 673; 1963 U.S. Dist. LEXIS 7956
- **Precedential status:** Published
- **Opinion:** Concurrence by Burke
- **Judges:** Friendly, Burke, Western, York, Henderson
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9630181

## Opinion text

BURKE, Chief Judge (concurring).
I would enjoin enforcement of the Commission’s order on the ground that Davis and Randall, Inc., was deprived of an adequate hearing by the failure of the Commission to afford it an opportunity to meet evidence outside the record. Interstate Commerce Commission v. Louisville and Nashville R. R. Co., 227 U.S. 88 , 33 S.Ct. 185 , 57 L.Ed. 431 . Morgan v. United States, 298 U.S. 468 , 56 S.Ct. 906 , 80 L.Ed. 1288 . I concur in the conclusion reached by Judges FRIENDLY and HENDERSON.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630181. Public record. Not legal advice.