MONTGOMERY WARD & CO. v. NORTHERN PACIFIC TERM. CO.

Civ. A. No. 1686.

128 F.Supp. 475 (1953)

MONTGOMERY WARD & CO., Incorporated, Plaintiff, v. The NORTHERN PACIFIC TERMINAL COMPANY OF OREGON, Great Northern Railway Company, Spokane, Portland and Seattle Railway Co., Northern Pacific Railway Company, Union Pacific Railroad Company, Southern Pacific Company, Railway Express Agency, Incorporated, F. D. Hartwick, doing business as Nehalem Valley Motor Freight, Gustave Robertson, doing business as Robertson Freight Lines, L. C. Hall, doing business as L. C. Hall's Truck Line, Walter Haney, doing business as Haney Truck Lines, L. M. Slocum, doing business as Independent Motor Transport, Albert C. Pounder, doing business as Pounder Truck Service, A. D. Bourbonnais & Herman Schwab, doing business as S & M Truck Line, O. L. Moore, doing business as Sherwood Truck Service, Jesse U. Stout, doing business as Spokane-Pacific Line, T. M. Stewart, doing business as Stewart Truck Line, Emil Jossy, C. R. Jossy & Chester O. Knowlton, doing business as Tillamook-Portland Auto Freight, Frank Bentley & M. M. Hix, doing business as Woodburn Truck Line, L. H. Wright, doing business as Wright Truck Line, J. W. McCracken & E. E. McCracken, doing business as McCracken Bros. Motor Freight, C. R. & Cullen Y. Baker, doing business as Baker Truck Lines, Arthur W. Lee & George V. Eastes, doing business as Lee & Eastes Auto Freight, H. F. & A. J. Martin, doing business as Martin Transfer Company, O. H. Weeks & R. R. Weeks, doing business as Weeks Company Transfer, Earl T. Whiting, doing business as Whiting Truck Service, E. H. Cooper, doing business as Whiting Truck Service, Lenus F. Boys, doing business as Woodland Truck Line, Bend-Portland Truck Service, Inc., Columbia Truck Express, The Dalles Freight Line, Inc., Pacific Seaboard Motor Lines, Inc., Pacific Truck Express, Pierce Auto Freight Lines, Inc., Portland, Astoria, Seaside Auto Freight, Inc., Portland-Pendleton Motor Transport Company, Rand Truck Line, Inc., Reddaway's Truck Line, Silver Wheel Motor Freight, Inc., Smart's Auto Freight Co., Inc., Oregon Express, Oregon-Nevada-California Fast Freight, Inc., System Freight Service, Chaney Freight Line, Inc., Garrett Freight-Lines, Inc., Consolidated Freightways, Inc., Pacific Highway Transport, Interstate Freight Lines, Inc., United Truck Lines, Inc., Battle Ground Truck Service, Cater Motor Freight System, Inc., North Bank Truck Line, Inc., Sunrise Trail, Inc., O. & W. Transit Company, Portland-Seattle Auto Freight, Inc., Inland Motor Freight, Defendants.

United States District Court, D. Oregon.

June 30, 1953.


Attorney(s) appearing for the Case

Stuart S. Ball, John A. Barr, David L. Dickson, William L. Niemann, Chicago, Ill., and Stephen Parker, Portland, Or., for Montgomery Ward & Co.

Roy F. Shields, Joseph Berkshire, Portland, Or., Dean H. Eastman, Seattle, Wash., for Northern Pacific Terminal Co. of Oregon.

Charles A. Hart, Portland, Or., Clark A. Eckart, Seattle, Wash., for Great Northern Railway Co.

Charles A. Hart, Fletcher Rockwood, Portland, Or., Dean H. Eastman, Clark A. Eckart, Seattle, Wash., for Spokane, Portland & Seattle Ry. Co.

Charles A. Hart, Portland, Or., Dean H. Eastman, Seattle, Wash., for Northern Pac. Ry. Co.

Roy F. Shields, Joseph G. Berkshire, Portland, Or., for Union Pac. R. Co.

Clarence J. Young, Portland, Or., for Southern Pac. Co.

Borden Wood, Grant T. Anderson, Portland, Or., for Railway Express Agency.

John M. Hickson, Portland, Or., for F. D. Hartwick and others.

C. O. Fenlason, Portland, Or., for Gustave Robertson.

William P. Ellis, Portland, Or., for Albert C. Pounder and others.

Leonard D. Alley, Portland, Or., for Emil Jossy and others.

C. E. Holbrook and Donald A. Schafer, Portland, Or., for Consolidated Freightways, Inc.


JAMES ALGER FEE, Chief Judge.

This opinion will concern itself with long dead events. The passions and emotional stresses which brought these about have lost their flame. In the interest of the public and the nation, it may be assumed that never again will the employer, the unions and the carriers be enmeshed in such a train of events. These circumstances must be reviewed to determine only whether there is legal responsibility for the situation and, if so, whether...

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