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DIAMOND TANK TRANSPORT v. UNITED STATES

No. 1205.

23 F.Supp. 497 (1938)

DIAMOND TANK TRANSPORT, Inc., et al. v. UNITED STATES et al.

District Court, W. D. Washington, N. D.

May 18, 1938.

Attorney(s) appearing for the Case

Henry T. Ivers and George E. Flood, of Flood, Lenihan & Ivers, all of Seattle, Wash., for petitioners.

Elmer B. Collins, Sp. Asst. to the Atty. Gen., Robert H. Jackson, Asst. Atty. Gen., and J. Charles Dennis, U. S. Atty., of Seattle, Wash., for the United States.

E. M. Reidy and Daniel W. Knowlton, both of Washington, D. C., for Interstate Commerce Commission.

Carey, Hart, Spencer & McCulloch and L. W. Hobbs, all of Portland, Or., and Dean Eastman, Thomas H. Maguire, Edwin C. Matthias, and A. J. Clynch, all of Seattle, Wash. (Fletcher Rockwood, of Portland, Or., of counsel), for North Pacific Coast Freight Bureau.

Before HANEY, Circuit Judge, and CUSHMAN and BOWEN, District Judges.

HANEY, Circuit Judge.

An injunction against the use of rates published in a tariff filed with the Interstate Commerce Commission, and an adjudication that an order of the Commission is void, are sought by the bill presented to us.

The five petitioners are Washington corporations engaged in the business of transporting petroleum products in bulk, in intrastate and interstate commerce. The respondents named are the United States, the Commission and the North...

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