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CURTIS, INC. v. UNITED STATES

Civ. A. No. C-3282.

346 F.Supp. 1034 (1972)

CURTIS, INC., a corporation, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Colorado.

August 24, 1972.

Attorney(s) appearing for the Case

Richard A. Peterson, Lincoln, Neb. (Duane W. Acklie and Frederick J. Coffman, of Acklie & Peterson, and Donald E. Leonard, of Nelson, Harding, Marchetti, Leonard & Tate, Lincoln, Neb., with him on the brief), for plaintiff.

Geraldine R. Keyes, I. C. C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I. C. C., Washington, D. C., Richard W. McLaren, Asst. Atty. Gen., and John H. D. Wigger, Dept. of Justice, Washington, D. C., and James L. Treece, U. S. Atty., Denver, Colo., with her on the brief) for defendants.

Before DOYLE, Circuit Judge, and CHILSON and WINNER, District Judges.

MEMORANDUM OPINION

WINNER, District Judge.

Plaintiff seeks to enjoin enforcement of an order of the Interstate Commerce Commission. Jurisdiction rests on 28 U.S.C. § 1336, and the case has been heard by a three-judge court pursuant to 28 U.S.C. § 2325. We are called upon to decide whether Curtis can collaterally attack a so-called "Keystone restriction."

Before 1957, plaintiff's predecessor, Nate's Truck Line, operated under a contract...

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