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CURTIS, INC. v. UNITED STATES

Civ. A. No. 7902.

225 F.Supp. 894 (1964)

CURTIS, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Denver-Albuquerque Motor Transport, Inc. and Ringsby Truck Lines, Inc., Intervening Defendants.

United States District Court D. Colorado.

January 24, 1964.

Attorney(s) appearing for the Case

Duane W. Acklie and Richard A. Peterson, Nelson, Harding & Acklie, Lincoln, Neb., for Curtis, Inc.

Anthony F. Zarlengo, Zarlengo & Seavy, Denver, Colo., for Monfort Packing Co., intervening plaintiff.

Lawrence M. Henry, U. S. Atty., for the District of Colorado, Denver, Colo., and John H. D. Wigger, Atty. Dept. of Justice, Washington, D. C., for defendant the United States.

Arthur J. Cerra, Asst. Atty. Gen., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Edward T. Lyons, Jr., Denver, Colo., for intervening defendants Denver-Albuquerque Motor Transport, Inc., and Ringsby Truck Lines, Inc.

Before PICKETT, Circuit Judge, and CHILSON and DOYLE, District Judges.

DOYLE, District Judge.

By this action, the plaintiff seeks to set aside and enjoin the enforcement of orders of the Interstate Commerce Commission denying its application for a certificate of convenience and necessity. The action is brought pursuant to Title 28 U.S.C. § 1336. A three-judge district court was convened to hear the cause pursuant to Title 28 U.S.C. § 2325.

Plaintiff herein had sought, by application filed June 26, 1959, authority pursuant...

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