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CHICAGO, M., ST. P. & P. R. CO. v. ALOUETTE PEAT PRODUCTS

Nos. 15276, 15277.

253 F.2d 449 (1958)

CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Union Pacific Railroad Company, Southern Pacific Company, Great Northern Railway Company, and Northern Pacific Railway Company, Appellants, v. ALOUETTE PEAT PRODUCTS, Limited, et al., Appellees. INTERSTATE COMMERCE COMMISSION, Appellant, v. ALOUETTE PEAT PRODUCTS, Limited, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 11, 1958.

Attorney(s) appearing for the Case

Harold G. Boggs, Robert F. Garing, B. E. Lutterman, R. Paul Tjossem, Seattle, Wash., Robert W. Ginnane, General Counsel, C. H. Johns, Jr., Asst. General Counsel, I.C.C., Washington, D. C., for appellants.

Wright, Booth & Beresford, Robert O. Beresford, JoAnn R. Locke, Seattle, Wash., for appellee.

Before HEALY and FEE, Circuit Judges, and MURRAY, District Judge.

W. D. MURRAY, District Judge.

This is an appeal from a judgment of the District Court reversing orders of the Interstate Commerce Commission dismissing complaints before the Commission seeking recovery of alleged overcharges in freight charges for the transportation of peat from British Columbia points to destinations in the United States. The District Court held in effect that the rates in question were unlawful because...

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