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EXLEY EXPRESS, INC. v. UNITED STATES

Civ. No. 65-233.

254 F.Supp. 363 (1966)

EXLEY EXPRESS, INC., Ralph F. Dunkley, doing business as Dunkley Distributing Co., Consolidated Freightways Corporation of Delaware, and Garrett Freightlines, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court D. Oregon.

February 15, 1966.

Attorney(s) appearing for the Case

William B. Adams, Portland, Or., Robert G. Simpson, Portland, Or., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant, United States of America.

Robert W. Ginnane, General Counsel and Thomas H. Ploss, Attorney, Interstate Commerce Commission, Washington, D. C., for defendant, Interstate Commerce Commission.

Before DUNIWAY, Circuit Judge, and SOLOMON and KILKENNY, District Judges.

PER CURIAM:

Plaintiffs challenge the findings and conclusions of the Interstate Commerce Commission in Case of Dale D. Jacobs Extension—Frozen Foods, No. MC 124-841 (Sub-No. 2), which granted to Jacobs rights as a contract carrier. Plaintiffs assert that the Commission erred in finding (1) that the applicant was able to furnish transportation services designed to meet the distinct need of his customer, Terminal Ice and Cold Storage Company (Terminal Ice), in...

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