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PARKHILL TRUCK COMPANY v. UNITED STATES

Civ. A. No. 6053.

240 F.Supp. 842 (1965)

PARKHILL TRUCK COMPANY, a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Deaton Truck Line, Inc. and C & H Transportation Co., Inc., Intervening Defendants.

United States District Court N. D. Oklahoma.

April 26, 1965.

Attorney(s) appearing for the Case

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

J. Howard Woodard, Wills & Wills, Tulsa, Okl., A. Alvis Layne, Washington, D. C., John M. Imel, U. S. Atty., Tulsa, Okl., John H. D. Wigger, Dept. of Justice, William H. Orrick, Jr., Asst. Atty. Gen., Francis A. Silver, Associate Gen. Counsel, ICC, Robert W. Ginnane, Gen. Counsel, Washington, D. C., W. T. Brunson, Oklahoma City, Okl., for defendants.

Before LEWIS, Circuit Judge, and BARROW and BOHANON, District Judges.

LEWIS, Circuit Judge.

By this action filed under 28 U.S.C. § 1336 Parkhill Truck Company seeks to set aside and enjoin the enforcement of a cease and desist order entered by the Interstate Commerce Commission, three judges dissenting, after a plenary hearing resulting in a negative determination of Parkhill's authority to haul other than oil field pipeline equipment in interstate commerce. C & H Transportation Co., Inc., Extension — Denison, Tex.,...

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