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MARTIN BROTHERS BOX CO. v. INTERSTATE COMMERCE COM'N

Civ. No. 6239.

128 F.Supp. 919 (1953)

THE MARTIN BROTHERS BOX COMPANY, a corporation, Oakland, Oregon, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants, Southern Pacific Company, a corporation, Intervenor.

United States District Court, D. Oregon.

May 15, 1953.

Attorney(s) appearing for the Case

Irving Rand and Donald Schafer, Portland, Or., and George L. Quinn, Jr., of Washington, D. C., for Martin Bros. Box Co.

George L. Buland, James E. Lyons, and Charles W. Burkett, Jr., of San Francisco, Cal., and George B. Campbell, of Portland, Or., for Southern Pac. Co.

Edward M. Reidy, Chief Counsel, Interstate Commerce Commission, Washington, D. C., and William L. Harrison, of San Francisco, Cal., for Interstate Commerce Commission.

SOLOMON, District Judge.

Plaintiff, Martin Brothers Box Company, hereinafter sometimes called "complainant," filed a petition in this court pursuant to 28 U.S.C.A. § 1336 to set aside an order of the Interstate Commerce Commission, hereinafter called the "Commission," dismissing the complaint of the plaintiff in a proceeding brought before the Commission. The United States of America and the Commission have no financial interest in this case but, because of statutory...

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