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BLACK BALL FREIGHT SERVICE v. UNITED STATES

Civ. A. No. 3314.

266 F.Supp. 287 (1967)

BLACK BALL FREIGHT SERVICE et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Federal Transfer and Storage Company, D. W. Ramsey Motor Freight, Inc., Western Cartage, Inc., Evergreen Transfer and Storage Company, and Western Hauling, Inc., Intervening Defendants.

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

April 6, 1967.

Attorney(s) appearing for the Case

Eisenhower & Carlson and James F. Henriot, Tacoma, Wash., William B. Adams, Portland, Or., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., William N. Goodwin, U. S. Atty., Tacoma, Wash., for the United States.

Robert W. Ginnane, Gen. Counsel, and Manny H. Smith, Atty., I. C. C., Washington, D. C., for I. C. C.

Reaugh, Hart, Allison & Prescott, George H. Hart and Jack R. Davis, Seattle, Wash., for intervening defendants Federal Transfer, Ramsey Motor, Western Cartage and Evergreen Transfer.

George Kargianis, Seattle, Wash., for intervening defendant Western Hauling.

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

OPINION

BOLDT, District Judge:

Plaintiff motor freight carriers operating in the State of Washington brought this action under Section 17(9) of the Interstate Commerce Act (Title 49 U.S.C.A. Section 17(9)), and pursuant to Title 28 U.S.C.A. Sections 1336, 1398, 2284 and 2321 through 2325, and Section 10 of the Administrative Procedure Act (Title 5, U.S.C.A. Sec. 1009), to set aside an order of the Interstate Commerce Commission (hereinafter "ICC").

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