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INTERSTATE COMMERCE COM'N v. BLUE DIAMOND PROD. CO.

No. 14387.

192 F.2d 43 (1951)

INTERSTATE COMMERCE COMMISSION v. BLUE DIAMOND PRODUCTS CO.

United States Court of Appeals Eighth Circuit.

November 5, 1951.

Attorney(s) appearing for the Case

H. J. Simmons, Atty., Interstate Commerce Commission, Kansas City, Mo. (Leo H. Pou, Washington, D. C., and Herman L. Bode, Minneapolis, Minn., Attys., Interstate Commerce Commission, were with him on the brief), for appellant.

Oscar E. Johnson, Council Bluffs, Iowa (Ross, Johnson, Northrop & Stuart, Council Bluffs, Iowa, were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.

GARDNER, Chief Judge.

This appeal is from a final order dismissing plaintiff's (appellant's) complaint. Plaintiff by this action sought a permanent injunction restraining defendant from procuring certain named motor carriers to transport its property in interstate commerce by motor vehicle on the public highways for compensation in alleged violation of Section 209 of the Interstate Commerce Act, 49 U.S.C.A. §§ 306(a) and 309 (a). The complaint alleged, inter...

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