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J. B. MONTGOMERY, INC. v. UNITED STATES

Civ. A. No. 7384.

206 F.Supp. 455 (1962)

J. B. MONTGOMERY, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Colorado.

July 6, 1962.

Attorney(s) appearing for the Case

Charles W. Singer, Chicago, Ill., and Joseph W. Morrisey, Jr., of Holme, Roberts, More & Owen, Denver, Colo., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., and Lawrence M. Henry, U. S. Atty., Denver, Colo., for defendant United States of America.

Robert W. Ginnane, Gen. Counsel, Arthur J. Cerra, Assistant General Counsel, and Betty Jo Christian, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

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

CHILSON, District Judge.

This is an appeal from a decision of the Interstate Commerce Commission, herein referred to as the "Commission."

After the filing of the complaint herein, J. B. Montgomery, Inc., an Iowa corporation, succeeded to the interests of the original plaintiff, J. B. Montgomery, Inc., a Nebraska corporation, and the former has been substituted as plaintiff herein. Both will be referred to herein as "Montgomery."

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