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GREAT WESTERN PACKERS EXPRESS v. UNITED STATES, I. C. C.

Civ. A. No. 66-C-82.

263 F.Supp. 347 (1966)

GREAT WESTERN PACKERS EXPRESS, INC., Plaintiff, v. UNITED STATES of America and INTERSTATE COMMERCE COMMISSION et al., Defendants.

United States District Court D. Colorado.

December 2, 1966.

Attorney(s) appearing for the Case

Holme, Roberts, More & Owen, Richard T. Schrepferman, Denver, Colo., and Singer & Hardman, Chicago, Ill., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Atty. Department of Justice, Washington, D. C., and Lawrence M. Henry, U. S. Atty., for District of Colorado, Denver, Colo., for defendant United States of America.

Robert W. Ginnane, Gen. Counsel, Thomas H. Ploss and John E. Faulk, Office of General Counsel, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

John P. Thompson, Denver, Colo., and Axelrod, Goodman & Steiner, Chicago, Ill., for defendants Midwest Emery Freight System, Inc. and Little Audrey's Transportation Co., Inc.

Nelson, Harding, Acklie, Leonard & Tate, Lincoln, Neb., and Richard A. Dudden, Denver, Colo., for defendants Watkins Motor Lines, Inc. and Curtis, Inc.

Stockton, Lewis & Mitchell, Denver, Colo., for intervening defendant W. J. Digby, Inc.

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

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

In this action plaintiff seeks to enjoin, annul and set aside orders of the Interstate Commerce Commission in certain motor carrier proceedings. The orders which are under attack are those of the Commission approving the applications of three motor carriers while at the same time denying the application of plaintiff for a certificate of public convenience and necessity to transport meat over...

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