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DENTON PRODUCE, INC. v. UNITED STATES

Civ. No. 9694.

270 F.Supp. 402 (1967)

DENTON PRODUCE, INC., an Oklahoma Corporation, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court W. D. Oklahoma.

June 14, 1967.

Attorney(s) appearing for the Case

Frank Carter, of Otjen, Carter, Huddleston & Otjen, Enid, Okl., for plaintiff.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, Washington, D. C., B. Andrew Potter, U. S. Atty., Oklahoma City, Okl., for the United States.

Robert W. Ginnane, General Counsel, Betty Jo Christian, Raymond M. Zimmet, Washington, D. C., for Interstate Commerce Commission.

Before HILL, Circuit Judge, and DAUGHERTY and EUBANKS, District Judges.

DAUGHERTY, District Judge.

This is a review of an Order of the Interstate Commerce Commission (Commission) entered with reference to the plaintiff's application for "grandfather" authority under the provisions of Section 7(c) of the Transportation Act of 1958 (P.L. 85-625, 72 Stat. 568) to transport bananas.

In 1958 the Transportation Act was amended to eliminate the exemption previously afforded bananas (and other commodities not involved herein) and the...

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