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HOME TRANSFER & STORAGE CO. v. UNITED STATES

No. 159.

141 F.Supp. 599 (1956)

HOME TRANSFER & STORAGE CO., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Consolidated Freightways, Inc., et al., and Exley Produce Express, Inc., Intervenors.

United States District Court W. D. Washington, N. D., at Bellingham.

May 7, 1956.

Attorney(s) appearing for the Case

John M. Hickson, Portland, Or., Ruben C. Youngquist, Mt. Vernon, Wash., for plaintiff, Home Transfer & Storage Co.

Charles P. Moriarty, U. S. Atty., Edward J. McCormick, Jr., Asst. U. S. Atty., Seattle, Wash., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Charlie H. Johns, Jr., Asst. General Counsel, Washington, D. C., for defendant Interstate Commerce Commission.

Henry T. Ivers, Seattle, Wash., Donald A. Schafer, William B. Adams, Portland, Or., for intervenors Consolidated Freightways, Inc., Los Angeles-Seattle Motor Express, Inc., and West Coast Fast Freight, Inc.

James T. Johnson, Seattle, Wash., for additional intervenor, Exley Express, Inc.

Before BONE, Circuit Judge, BOWEN, Chief Judge, and LINDBERG, District Judge.

PER CURIAM.

In this action plaintiff Home Transfer & Storage Co., a corporation, asks this statutory 3-Judge Court, 28 U.S.C.A. § 2325, to enjoin, set aside, cancel and annul an order of the Interstate Commerce Commission requiring plaintiff to cease and desist from the transportation of frozen fruits and frozen vegetables between points in Washington and California.

The complained of order was issued by the Interstate Commerce Commission in its Cause...

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