PACIFIC INLAND TARIFF BUREAU v. UNITED STATES

Civil No. 7278.

134 F.Supp. 210 (1955)

PACIFIC INLAND TARIFF BUREAU, a corporation; Arrow Transportation Co. of Delaware, a corporation; System Tank Lines, Inc., a corporation; Howard R. Williams, Inc., a corporation; Weaver Bros., Inc., a corporation; Transport Service, Inc., a corporation; Portland Motor Transport, Inc., a corporation; Silver Eagle Company, a corporation; Blue Line Transportation Co., Inc., a corporation; James J. Williams, Inc., a corporation; Lee & Eastes, Inc., a corporation; Inland Petroleum Transportation Co., Inc., a corporation; Fleetway Transport, Inc., a corporation; Asbury Transportation Co., a corporation; Taber Tank Lines, Inc., a corporation; Rice Truck Lines, Inc., a corporation; Herb Meyer, Inc., a corporation; Big Bend Transport Co., a corporation; General Transport Co., a corporation; Valley Transport, Inc., a corporation; Geo. W. Taber, an individual, doing business as Geo. W. Taber Tank Trucks; Anna M. Barnes, an individual, doing business as A. B. Transportation; Joe Bookshnis; Dora Goodman, R. W. Goodman and Edwin Goodman, doing business as Sun Transportation Co.; Inland Navigation Company, a corporation; Upper Columbia River Towing Company, a corporation; Tidewater-Shaver Barge Lines, a corporation; Columbia Barge Lines, a corporation; and International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers, American Federation of Labor, and Joint Council 37 Thereof, Plaintiffs, v. UNITED STATES of America, Chicago, Burlington & Quincy Railroad Company, a corporation; Great Northern Railway Company, a corporation; Northern Pacific Railway Company, a corporation; Chicago, Milwaukee, St. Paul & Pacific Railroad Company, a corporation; Spokane, Portland & Seattle Railway Company, a corporation; North Pacific Coast Freight Bureau, a corporation; Union Pacific Railroad, a corporation, Defendants, and Interstate Commerce Commission, Intervening Defendant.

United States District Court D. Oregon.

September 12, 1955.


Attorney(s) appearing for the Case

Henry T. Ivers, Seattle, Wash., and William P. Ellis, William B. Adams, Portland, Or., for plaintiff Pacific Inland Tariff Bureau and the motor carriers.

John M. Hickson, Thomas J. White and Norman E. Sutherland, Portland, Or., for the barge lines.

James T. Landye, Portland, Or., for the Teamsters Union.

Fletcher Rockwood and Roy F. Shields, Portland, Or., Roger J. Crosby, R. Paul Tjossem, and Charles F. Hanson, Seattle, Wash., and James A. Gillen, Chicago, Ill., for the railroad defendants.

Stanley N. Barnes, Asst. Atty. Gen., James E. Kilday, John Guandolo, and Willard R. Memler, Special Assts. to the Atty. Gen., and C. E. Luckey, U. S. Atty., and James W. Morrell, Asst. U. S. Atty., Portland, Or., for the United States.

Edward M. Reidy, Chief Counsel, Samuel R. Howell, and Ellis V. Gregory, Washington, D. C., and William L. Harrison, San Francisco, Cal., for the Interstate Commerce Comm.

Before POPE, Circuit Judge, and McCOLLOCH and SOLOMON, District Judges.


SOLOMON, District Judge.

The defendants have requested the court to reconsider its opinion, reported 129 F.Supp. 472, enjoining the railroads and the Commission from putting into effect substantial rate reductions on interstate shipments of petroleum products from and to points in Washington, Oregon, Montana, Idaho, and Wyoming.

They assert that the factual and legal issues involved in this case are the same as those adjudicated...

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