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LUBETICH v. UNITED STATES

Civ. No. 314.

39 F.Supp. 780 (1941)

LUBETICH v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

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

June 10, 1941.

Attorney(s) appearing for the Case

Albert E. Stephan and Preston, Thorgrimson, Turner, Horowitz & Stephan, all of Seattle, Wash., for plaintiff.

Frank Coleman, Sp. Asst. to Atty. Gen., Nelson Thomas, of Washington, D. C., Atty. for Interstate Commerce Commission, Thurman Arnold, Asst. Atty. Gen., Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, of Washington, D. C., and J. Charles Dennis, U. S. Atty., of Seattle, Wash., for defendant and intervening defendant.

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

BLACK, District Judge.

In plaintiff's action, as set forth in his complaint and supplemental complaint, plaintiff sought to set aside an order of the Interstate Commerce Commission denying him a "grandfather" certificate authorizing common carrier operation between points in California, Oregon and Washington upon the contention that on and prior to June, 1935, and continuously thereafter he has been engaged in a bona fide common carrier operation, and further sought...

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