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PACIFIC FRUIT EXPRESS CO. v. AKRON, C. & Y. R. CO.

No. 73-2184.

524 F.2d 1025 (1975)

PACIFIC FRUIT EXPRESS COMPANY, Plaintiff-Appellee, Interstate Commerce Commission and United States of America, Intervening Plaintiffs-Appellees, v. AKRON, CANTON & YOUNGSTOWN RAILROAD COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied February 23, 1976.

Attorney(s) appearing for the Case

Gordon Johnson (argued), Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for defendants-appellants.

Herbert A. Waterman (argued), San Francisco, Cal., for plaintiff-appellee Pacific Fruit Express Co.

Daniel S. Linhardt, Washington, D. C., for intervening plaintiffs-appellees Interstate Commerce Commission and the United States.

Before KOELSCH and CHOY, Circuit Judges, and KELLEHER, District Judge.

Certiorari Denied February 23, 1976. See 96 S.Ct. 1107.

OPINION

KELLEHER, District Judge:

Appellee Pacific Fruit Express Company ("PFE") brought in the District Court an action for damages under 49 U.S.C. §§ 8 and 9 and for injunctive relief under 49 U.S.C. § 16(12)1 against 90 Mid-Eastern, Eastern, and Southern railroad common carriers for alleged continuing violation of a 1962 order of the Interstate...

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