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LEAVITTS FREIGHT SERVICE, INC. v. UNITED STATES

Civ. No. 74-652.

411 F.Supp. 452 (1975)

LEAVITTS FREIGHT SERVICE, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Mitchell Bros. Truck Lines and Leatham Brothers, Inc., Intervening Defendants.

United States District Court, D. Oregon.

December 24, 1975.

Attorney(s) appearing for the Case

David C. White, Portland, Or., for plaintiff.

Jack Collins, Asst. U. S. Atty., Portland, Or., for defendant U. S.

Lloyd John Osborn, I. C. C., Washington, D. C., for defendant I. C. C.

Clemens E. Ady, Portland, Or., for intervening defendants.

Before GOODWIN, Circuit Judge, and BURNS and EAST, District Judges.

OPINION

PER CURIAM:

Leavitts Freight Service, Inc., filed this suit to enjoin the enforcement of, set aside, and annul an Interstate Commerce Commission order denying Leavitts' permanent authority to transport certain lumber products. The Commission based its denial on Leavitts' lack of fitness, as authorized by 49 U.S.C. §§ 307(a) and 309(b) and as demonstrated by Leavitts' previous violations of ICC rules and regulations, all of which were stipulated...

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