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JOHNSTON SEED CO. v. UNITED STATES

No. 4181.

191 F.2d 228 (1951)

JOHNSTON SEED CO. et al. v. UNITED STATES et al.

United States Court of Appeals Tenth Circuit.

August 18, 1951.

Attorney(s) appearing for the Case

H. Russell Bishop, Washington, D. C. (R. C. Jopling, Jr., Oklahoma City, Okl., C. J. Harris, Enid, Okl. and H. D. Driscoll, Washington, D. C., on the brief), for appellants.

Samuel R. Howell, Asst. Chief Counsel, Washington, D. C. (Daniel W. Knowlton, Chief Counsel, Washington, D. C., on the brief), for appellee Interstate Commerce Commission.

Hodges, Vidal & Goree, Denver, Colo. and Harry E. Boe, Chicago, Ill., on the brief, for appellees Atchison, & S. F. Ry. Co. et al.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

Johnston Seed Company, acting in its own behalf and as successor in interest to Goodholm-Maund Grain Company, and Palacek Mills, brought this action against the United States to annul and set aside an order of the Interstate Commerce Commission fixing for the future rates to be charged for the transportation of mung beans; providing transit arrangements and charges on such beans; denying reparation; and authorizing waiver of collection of outstanding...

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