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PENSICK & GORDON, INC. v. CALIFORNIA MOTOR EXPRESS

Nos. 17235, 17380.

302 F.2d 391 (1962)

PENSICK & GORDON, INC., Appellant, v. CALIFORNIA MOTOR EXPRESS et al., Appellees. PENSICK & GORDON, INC., a California corporation, Appellant, v. CALIFORNIA MOTOR EXPRESS, LIMITED, a corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

April 13, 1962.

Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Carl M. Gould, M. B. Jackson and Stanley E. Tobin, Los Angeles, Cal., for appellant.

Catlin & Catlin, by Frank D. Catlin and George L. Catlin, Los Angeles, Cal., for appellee Universal Carloading & Distributing Co., Inc., et al.

Donald Murchison, Beverly Hills, Cal., for appellee T. I. M. E. Freight, Inc.

Loeb & Loeb, Harry J. Keaton and Robert A. Holtzman, Los Angeles, Cal., for appellee Pacific Intermountain Express & Consolidated Freightways.

Russell & Schureman and Theodore W. Russell, Los Angeles, Cal., for appellee Motor Express, Ltd., et al.

Before BARNES and JERTBERG, Circuit Judges, and PENCE, District Judge.

PENCE, District Judge.

This is an action for money damages brought by shipper against several motor common carrier defendants. The shipper (Appellant), in its original complaint (App. No. 17235) alleged the breach by each of the common carriers (Appellees) of their statutory duty to serve the appellant under the Motor Carrier Act (hereinafter referred to as "MCA,"), part II of the Interstate Commerce Act, Section 216(b) and (d), (49 U.S.C.A. § 316(b) and (d)...

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