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BEST WAY MOTOR FREIGHT, INC. v. UNITED STATES

Civ. A. No. 3230.

253 F.Supp. 314 (1966)

BEST WAY MOTOR FREIGHT, INC., Consolidated Freightways Corporation of Delaware, Interstate Freight Lines, Inc., Portland-Seattle Freight Lines, Inc., Pacific Intermountain Express Co., Garrett Freightlines, Inc., Oregon-Nevada California Fast Freight, Inc., and United Buckingham Freight Lines, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Helphrey Motor Freight, Inc., Intervening Defendant.

United States District Court W. D. Washington, S. D.

Rehearing Denied March 11, 1966.

Attorney(s) appearing for the Case

George R. LaBissoniere, Seattle, Wash., William B. Adams, Portland, Or., for plaintiffs.

Donald F. Turner, John H. D. Wigger, Washington, D. C., William N. Goodwin, Seattle, Wash., for United States.

Robert W. Ginnane, Manny H. Smith, Clarence W. Vandegrift, Washington, D. C., for I.C.C.

Joseph L. Thomas, Spokane, Wash., and Frank B. Hand, Jr., Washington, D. C., for Helphrey Motor Freight.

Before HAMLEY, Circuit Judge, and LINDBERG and BOLDT, District Judges.

HAMLEY, Circuit Judge:

This is an action to enjoin and set aside orders of the Interstate Commerce Commission (Commission) entered on August 19, and December 18, 1964, in the three proceedings, consolidated, referred to below. The eight plaintiffs engage in interstate freight transportation by motor carrier in the state of Washington. Helphrey Motor Freight, Inc., in whose favor the questioned orders were entered, has intervened in support of those orders.

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