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LYNDEN TRANSFER, INC. v. UNITED STATES

No. 289.

263 F.Supp. 336 (1967)

LYNDEN TRANSFER, INC. and North American Van Lines, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

February 9, 1967.

Attorney(s) appearing for the Case

James T. Johnson, Seattle, Wash., Martin A. Weissert, Fort Wayne, Ind., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Eugene G. Cushing, U. S. Atty., Seattle, Wash., for the United States.

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

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

BEEKS, District Judge:

This court is called upon to write yet another chapter in the seesaw history of a carrier's application for a certificate of public convenience and necessity.

Alaska Truck Transport, Inc., of Anchorage, Alaska, hereinafter called "applicant," filed its application in August of 1959 requesting authority in the form of a certificate of public convenience and necessity to transport certain classes of commodities, including household goods...

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