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DENVER CHICAGO TRANSPORT COMPANY v. UNITED STATES

Civ. A. No. 6525.

183 F.Supp. 785 (1960)

DENVER CHICAGO TRANSPORT COMPANY, Inc., Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court D. Colorado.

May 19, 1960.

Attorney(s) appearing for the Case

Alvin J. Meiklejohn, Jr. and Leslie R. Kehl of Jones, Meiklejohn & Kilroy, Denver, Colo., for plaintiff.

Robert A. Bicks, Acting Asst. Atty. Gen., and James H. Durkin, Attorney, Department of Justice, Washington, D. C., and Donald G. Brotzman, U. S. Atty., District of Colorado, Denver, Colo., for defendant.

Robert W. Ginnane, General Counsel, and Carroll T. Prince, Jr., Asst. General Counsel, Interstate Commerce Commission, Washington, D. C., for intervening defendant.

Before BREITENSTEIN, Circuit Judge, and KERR and ARRAJ, District Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff, Denver Chicago Transport Company, Inc., sues to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission holding that the terms "liquid petroleum products" and "petroleum products" as used in certain of its certificates do not include petroleum.1 Jurisdiction is conferred by 28 U.S.C. § 1336 and hearing by a three-judge district court is required by 28 U.S.C. &...

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