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PARKHILL TRUCK COMPANY v. UNITED STATES

Civ. A. No. 5197.

198 F.Supp. 362 (1961)

PARKHILL TRUCK COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, C & H Transportation Co., Inc., and Johns-Manville Products Corporation, Intervening Defendants.

United States District Court N. D. Oklahoma.

October 18, 1961.

Attorney(s) appearing for the Case

Kretsinger & Kretsinger, Kansas City, Mo., and Doerner, Stuart, Moreland, Campbell & Saunders, Tulsa, Okl., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Russell H. Smith, U. S. Atty., Tulsa, Okl., for defendant U. S.

Robert W. Ginnane, Gen. Counsel, and Francis A. Silver, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

W. T. Brunson, Oklahoma City, Okl., for intervening defendants.

Before BREITENSTEIN, Circuit Judge, and RICE and SAVAGE, District Judges.

BREITENSTEIN, Circuit Judge.

Parkhill Truck Company sues to set aside and enjoin the enforcement of an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to C & H Transportation Co., Inc., for the transportation of asbestos-cement pipe and conduit by motor carrier over irregular routes from the plant of Johns-Manville Products Corporation, Denison, Texas, to points in 22 states. The report of the Commission which...

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