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ASHWORTH TRANSFER, INC. v. UNITED STATES

No. C 251-69.

315 F.Supp. 199 (1970)

ASHWORTH TRANSFER, INC., a corporation, Garrett Freightlines, Inc., a corporation, Ringsby Truck Lines, Inc., a corporation, G. Grant Sims, et al., a partnership, dba Salt Lake Transfer Company, Plaintiffs, v. UNITED STATES of America, Barton Truck Line, Inc., a corporation, and Interstate Commerce Commission, Defendants.

United States District Court, D. Utah, C. D.

June 8, 1970.

Attorney(s) appearing for the Case

Keith E. Taylor, and Gordon L. Roberts, Salt Lake City, Utah, for plaintiffs.

William S. Richards, Salt Lake City, for defendant Barton Truck Line, Inc.

C. Nelson Day, U. S. Atty., for the United States.

Jerome E. Sharfman, Washington, D. C., for defendant Interstate Commerce Commission.

Before LEWIS, Chief Circuit Judge and ARRAJ and CHRISTENSEN, District Judges.

CHRISTENSEN, District Judge.

This is an action founded on 28 U.S. C.A. § 1336(a) (Supp. 1970), in which the plaintiffs seek to set aside in part an order of the Interstate Commerce Commission. The order under attack grants to Barton Truck Line, Inc. the authority to provide motor carrier service for general commodities and explosives to certain areas in northeastern Nevada. Plaintiffs complain of this order principally because it grants to Barton unrestricted...

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