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WASHUM v. UNITED STATES

No. Civ. 6886.

299 F.Supp. 712 (1969)

Haywood WASHUM et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Arizona.

April 1, 1969.

Attorney(s) appearing for the Case

Richard A. Wilson, of Lutich, D'Angelo & Wilson, Phoenix, Ariz., for plaintiffs, Robert E. Joyner, of Wrape & Hernly, Memphis, Tenn., of counsel.

John N. Mitchell, U.S. Atty. Gen., Edwin M. Zimmerman, Asst. Atty. Gen., John H. D. Wigger, Atty., Washington D. C., Richard C. Gormley, Asst. U.S. Atty., Phoenix, Ariz., for defendant.

Robert W. Ginnane, Gen. Counsel, Nahum Litt, Atty., Washington, D. C., for Intervenor I.C.C.

Russell & Schureman, Los Angeles, Cal., Twitty, Sievwright & Mills, Phoenix, Ariz., for intervenor Freight Lines.

Before JERTBERG and BROWNING, Circuit Judges, and CRAIG, District Judge.

ORDER

PER CURIAM.

Plaintiffs' motion for leave to amend the complaint and to adduce additional evidence is denied. The issue which plaintiffs seek to present was not submitted to the Commission, and may not be raised for the first time in this court. United States v. L. A. Tucker Truck Lines, 344 U.S. 33, 36-37, 73 S.Ct. 67, 97 L.Ed. 54 (1952); United States v. Capital Transit Co., 338 U.S. 286

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