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BEELINE EXPRESS, INC. v. UNITED STATES

Civ. A. No. C-1058.

308 F.Supp. 721 (1970)

BEELINE EXPRESS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Consolidated Freightways Corporation of Delaware, Pacific Inter-Mountain Express Co., Inc., IML Freight, Inc., Garrett Freightlines, Inc., Rio Grande Motorway, Inc., DC International, Inc., Illinois-California Express, Navajo Freight Lines, Inc., Whitfield Transportation Co., and Ringsby Truck Lines, Inc., Intervening Defendants.

United States District Court, D. Colorado.

January 21, 1970.

Attorney(s) appearing for the Case

Edward C. Hastings and Sheldon S. Emeson, Denver, Colo., for plaintiff.

James L. Treece, U. S. Atty., Denver, Colo., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant the United States.

Nahum Litt and Manny H. Smith, Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

Maurice H. Greene, Boise, Idaho, and Roger Sollenbarger, Denver, Colo., for Intervening Defendants.

Before HILL, Circuit Judge, and KERR and DOYLE, District Judges.

MEMORANDUM OPINION

KERR, District Judge.

This is an action brought by Beeline, Express, Inc., hereinafter referred to as "Beeline", whereby Beeline seeks to set aside, annul and suspend an order and report of the Interstate Commerce Commission, Division 1, entered on February 10, 1969, Consolidated Freightways v. Beeline Express, 108 M.C.C. 481. In its order the Commission required Beeline to cease and desist from conducting operations in interstate or foreign...

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