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RINGSBY TRUCK LINES, INC. v. UNITED STATES

Civ. A. 66-C-467.

263 F.Supp. 552 (1967)

RINGSBY TRUCK LINES, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. Portland Freight Traffic Association, West Coast Traffic Committee of the Toy Manufacturers Association, National Small Shipments Traffic Conference, Inc., and Drug and Toilet Preparation Traffic Conference, Intervening Defendants.

United States District Court D. Colorado.

January 5, 1967.

Attorney(s) appearing for the Case

LeGrand A. Carlston and Z. L. Pearson, Jr., Denver, Colo., and Jones, Meiklejohn, Kehl & Lyons, by Alvin J. Meiklejohn, Jr., and David E. Driggers, Denver, Colo., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C., and Lawrence M. Henry, U. S. Atty., Denver, Colo., for defendant United States.

Robert W. Ginnane, Gen. Counsel, and Leonard S. Goodman, Asst. Gen. Counsel, I.C.C., Washington, D.C., for defendant Interstate Commerce Commission.

Paul, Shwayder & Weinshienk, by Bruce B. Paul, Denver, Colo., and White, Sutherland & Gilbertson, by William F. White, Portland, Or., for intervening defendants Portland Freight Traffic Ass'n and West Coast Traffic Committee of Toy Mfrs.' Ass'n.

Anderson, Spangler & Wymore, by Edwin L. Spangler, Jr., Denver, Colo., and John J. C. Martin, New York City, for intervening defendants National Small Shipments Traffic Conference, Inc., and Drug & Toilet Preparation Traffic Conference.

Before BREITENSTEIN, Circuit Judge, and ARRAJ and CHILSON, District Judges.

MEMORANDUM OPINION AND ORDER

ARRAJ, District Judge.

This action was instituted by fifteen motor carriers who seek to set aside, annul and enjoin a decision of the Interstate Commerce Commission, entered in "Increased Class & Commodity Rates, Transcontinental", 326 I.C.C. 397 (1966). In that decision the Commission found that a three per cent rate increase in "transcontinental rates" which had been put into effect in 1964 by 1400 motor carriers had not...

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