EL DORADO OIL WORKS v. UNITED STATES

Civil Action No. 23619-G.

59 F.Supp. 738 (1945)

EL DORADO OIL WORKS et al. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

District Court, N. D. California, S. D.

March 6, 1945.


Attorney(s) appearing for the Case

W. F. Williamson and Williamson & Wallace, all of San Francisco, Cal., for plaintiff.

Robert L. Pierce, Sp. Asst. to Atty. Gen., and Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., for defendant.

Daniel W. Knowlton, of Washington, D. C., for intervenor Interstate Commerce Commission.

W. S. Hefferan, Jr., Kenneth F. Burgess, and Douglas F. Smith, all of Chicago, Ill., and Allan P. Matthew and Burnham Enersen, both of San Francisco, Cal., for General American Transp. Corporation, intervenor.

J. Carter Fort, of Washington, D.C., Guernsey Orcutt, of Chicago, Ill., C. A. Miller and Charles Clark, both of Washington, D. C., J. E. Hennessey and R. E. Wedekind, both of San Francisco, Cal., R. S. Outlaw, of Chicago, Ill., and Starr Thomas, of San Francisco, Cal., for Alabama Great Southern R. Co. et al., intervenors.

Before WILBUR, Circuit Judge and ST. SURE and GOODMAN, District Judges.


GOODMAN, District Judge.

Plaintiff's bill of complaint, by which this three judge court is asked to annul and vacate a decision of the Interstate Commerce Commission, culminates a long process of litigation.

In 1933, plaintiff, a processor of cocoanut oil, contracted with General American Transportation Corporation, owner of private tank cars, to rent a fixed number of the latter's tank cars at a stipulated monthly sum per car. By the agreement, the tank car...

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