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I. C. C. v. J. B. MONTGOMERY, INC.

Civ. A. No. 79-C-1393.

483 F.Supp. 279 (1980)

INTERSTATE COMMERCE COMMISSION, Plaintiff, v. J. B. MONTGOMERY, INC., Defendants, et al.

United States District Court, D. Colorado.

January 29, 1980.

Attorney(s) appearing for the Case

Gary O. Roberts, I.C.C., San Francisco, Cal., William C. Danks, Asst. U.S. Atty., Denver, Colo., for plaintiff.

Jeffrey A. Knoll, Commerce City, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

CARRIGAN, District Judge.

The Interstate Commerce Commission ("ICC") has filed this action seeking injunctive and restitutionary relief for alleged duplicate billing and overcharges by the defendants. This matter is now before the Court on the defendants' motion to dismiss, which raises several purported grounds for dismissal.

I. Failure to State a Claim.

The defendants first contend that the ICC has...

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