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INTERSTATE COMMERCE COM'N v. MARTIN BROTHERS BOX CO.

No. 14077.

219 F.2d 811 (1955)

INTERSTATE COMMERCE COMMISSION and Southern Pacific Company, a Corporation, Appellants, v. The MARTIN BROTHERS BOX COMPANY, a Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 1, 1955.

Attorney(s) appearing for the Case

Edward M. Reidy, Chief Counsel, Samuel R. Howell, Asst. Chief Counsel, I.C.C., Washington, D. C., William L. Harrison, Atty., I.C.C., San Francisco, Cal., for appellant Interstate Commerce Commission.

James C. Dezendorf, George B. Campbell, Portland, Or., James E. Lyons, Charles W. Burkett, Jr., San Francisco, Cal., Stanfield Johnson, Washington, D. C., for appellant Southern Pac. Co.

George L. Quinn, Jr., Washington, D. C., Irving Rand, Donald A. Schafer, Portland, Or., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.

HEALY, Circuit Judge.

In October of 1947 appellee, hereafter generally called Martin, filed a complaint with the Interstate Commerce Commission alleging that during the period January 1 to September 30, 1947, the Southern Pacific Company failed in its duty to provide and furnish complainant with an adequate supply of box cars for the transportation of its manufactured products from its Oakland, Oregon plant to interstate destinations, in violation of § 1(4) and...

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