PENSICK & GORDON, INC. v. CALIFORNIA MOTOR EXPRESS

Nos. 17235, 17380.

323 F.2d 769 (1963)

PENSICK & GORDON, INC., Appellant, v. CALIFORNIA MOTOR EXPRESS et al., Appellees.

United States Court of Appeals Ninth Circuit.

September 18, 1963.


Attorney(s) appearing for the Case

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

Catlin & Catlin, and George L. Catlin, Los Angeles, Cal., for appellees Universal Carloading & Distributing Co., Inc., a Corp.; Republic Carloading & Distributing Co., Inc., a Corp.; National Carloading Corp., a Corp.; Western Carloading Co., a Corp.; and Acme Fast Freight, Inc., a Corp.

Russell & Schureman, and Theodore W. Russell, Los Angeles, Cal., for appellees California Motor Express, Ltd., Delta Lines, Inc., Desert Express, Merchants Express of California, Valley Motor Lines, Inc., and Western Truck Lines, Ltd., and Braswell Motor Freight Lines, Inc., Hopper Truck Lines, Illinois California Express, Inc., and Denver Chicago Motor Trucking Co., Inc.

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

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


WEIGEL, District Judge.

When these cases were considered by us last year,1 we held that the District Court was without jurisdiction to determine whether or not appellee motor carriers failed to provide service as required by Section 216 of the Motor Carrier Act (49 U.S.C.A. § 316). We affirmed dismissal of a complaint grounded in claims of violation of that statute because of our view that the statute itself vested such jurisdiction...

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