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JOHNSTON SEED CO. v. UNITED STATES

Civ. No. 4316.

90 F.Supp. 358 (1950)

JOHNSTON SEED CO. et al. v. UNITED STATES et al.

United States District Court W. D. Oklahoma.

May 8, 1950.

Attorney(s) appearing for the Case

H. Russell Bishop, Washington, D. C., and R. C. Jopling, Jr., of Richardson, Shartel & Cochran, Oklahoma City, Okl. (of counsel, Hugh D. Driscoll, Sherman Oaks, Cal., and C. J. Harris, Enid, Okl.), for plaintiff.

Edward Dumbauld, Sp. Asst. to Atty. Gen., Robt. E. Shelton, U. S. Atty., Oklahoma City, Okl. (on brief Herbert A. Bergson, Asst. Atty. Gen., Gerald L. Phelps, Sp. Asst. to Atty. Gen.), for United States.

Samuel R. Howell, Washington, D. C. (on brief Daniel W. Knowlton, Chief Counsel, Washington, D. C.), for Interstate Commerce Commission.

VAUGHT, Chief Judge.

The plaintiffs, located at Enid, Oklahoma, are dealers and shippers of mung beans. They filed their complaint under Title 28 U.S.C.A. §§ 1336, 1398, 2284 and 2322, seeking to set aside an order of the Interstate Commerce Commission entered December 9, 1947, in a proceeding entitled Johnston Seed Company et al. v. The Atchison, Topeka and Santa Fe Railway Company et al., Docket No. 29506. Copy of said order is attached to the complaint...

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