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BREDEHOEFT PRODUCE COMPANY, INC. v. UNITED STATES

No. F-72-C-51.

376 F.Supp. 70 (1974)

BREDEHOEFT PRODUCE COMPANY, INC., et al., Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, v. WILLIS SHAW FROZEN EXPRESS, INC., Intervenor.

United States District Court, W. D. Arkansas, Fayetteville Division.

May 20, 1974.

Attorney(s) appearing for the Case

Edward T. Lyons of Jones, Meiklejohn, Kehl & Lyons, Denver, Colo., Harper, Young & Smith, Fort Smith, Ark., for plaintiffs.

John H. D. Wigger, Dept. of Justice, Washington, D. C., Robert E. Johnson, U. S. Atty., Ft. Smith, Ark., Theodore C. Knappen, ICC, Washington, D. C., for defendants.

James B. Blair of Crouch, Blair, Cypert & Waters, Springdale, Ark, for intervenor.

Before BRIGHT, Circuit Judge, and WILLIAMS and MILLER, District Judges.

OPINION

JOHN E. MILLER, Senior District Judge.

Plaintiffs, Bredehoeft Produce Company, Inc., (Bredehoeft), an Arkansas corporation, and Bray Lines Incorporated (Bray), an Oklahoma corporation, are common carriers by motor freight engaged in interstate commerce pursuant to authority issued by the Interstate Commerce Commission (ICC). The plaintiff Allen Canning Company (Allen) is an Arkansas corporation engaged in the business of processing and canning both...

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