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DAUGHERTY LUMBER CO. v. UNITED STATES

Civ. No. 8541.

141 F.Supp. 576 (1956)

DAUGHERTY LUMBER CO. et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Atlas Lumber Company et al., Intervenors—Pro-Plaintiff, Star Lumber Company, a copartnership, et al., Intervenors—Pro-Plaintiff, The National Industrial Traffic League, Intervenor—Pro-Defendant, West Coast Lumbermen's Association, Western Pine Association and California Redwood Association, Intervenors —Pro-Defendant.

United States District Court D. Oregon.

May 31, 1956.

Attorney(s) appearing for the Case

John M. Hickson, Portland, Or., for plaintiffs.

John M. Hickson, Portland, Or., Bartle, Allen & Anderson, Eugene, Or., for intervenor Star Lumber and others.

William C. McCulloch, Winfree, McCulloch, Shuler & Sayre, Portland, Or., for intervenor West Coast Lumbermen's Ass'n and others.

Burchmore, Good & Bobinette, Chicago, Ill., for intervenor National Industrial Traffic League.

James E. Kilday, John H. D. Wigger, Attys., Dept. of Justice, Washington, D. C., Stanley N. Barnes, Asst. Atty. Gen., Robert W. Ginnane, Gen. Counsel, Leo H. Pou, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., C. E. Luckey, U. S. Atty. for Dist. of Oregon, Portland, Or., for United States and Interstate Commerce Commission.

Before STEPHENS, Circuit Judge, and SOLOMON and EAST, District Judges.

EAST, District Judge.

The plaintiffs, Daugherty Lumber Co., et al., consist of some five business organizations engaged in the business of buying and selling lumber on a wholesale basis and as such utilize railway transportation for the movement of such lumber products from the Pacific Northwest to other portions of the United States. One of the plaintiffs is a manufacturer of lumber products and disposes of its products to the mentioned wholesale lumber brokers....

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