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DUNKLEY REFRIGERATED TRANSPORT, INC. v. U. S.

No. C 75-81.

416 F.Supp. 814 (1976)

DUNKLEY REFRIGERATED TRANSPORT, INC., a Utah Corporation, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Garrett Freightlines, Inc., Intervenor.

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

April 21, 1976.

Attorney(s) appearing for the Case

Lon Rodney Kump, Salt Lake City, Utah, for plaintiff.

Ramon M. Child, U. S. Atty., Salt Lake City, Utah, D. Utah, for the U. S.

Raymond Michael Ripple, Washington, D. C., for defendant I. C. C.

Maurice H. Greene, Pocatello, Idaho, and Stuart L. Poelman, Salt Lake City, Utah, for intervening defendant Garrett Freightlines, Inc.

Before LEWIS, Chief Circuit Judge, RITTER, Chief District Judge, and ANDERSON, District Judge.

PER CURIAM.

Background

This is an action instituted by the plaintiff, Dunkley Refrigerated Transport, to obtain judicial review of two orders of the Interstate Commerce Commission [I.C.C.]. The plaintiff filed an application with the I.C.C. on November 10, 1972, seeking a Certificate of Public Convenience and Necessity which would allow the plaintiff to operate as a common carrier over irregular routes transporting foodstuffs in refrigerated vehicles...

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