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GADDIS v. GREAT NORTHERN RAILWAY COMPANY

No. 16791.

284 F.2d 524 (1960)

S. M. GADDIS and Rudie Wilhelm, Appellants, v. GREAT NORTHERN RAILWAY COMPANY, Northern Pacific Railway Company, Spokane, Portland & Seattle Railway Company, Southern Pacific Company and Union Pacific Railroad Company, Appellees.

United States Court of Appeals Ninth Circuit.

November 15, 1960.

Attorney(s) appearing for the Case

Seitz, Easley & Whipple, Norman L. Easley, Portland, Or., for appellant.

Manley B. Strayer, Cleveland C. Cory, Hart, Rockwood, Davies, Biggs & Strayer, Oglesby H. Young, James H. Clarke, Koerner, Young, McCulloch & Dezendorf, Roy F. Shields, Maguire, Shields, Morrison, Bailey & Kester, Portland, Or., for respective appellees.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

PER CURIAM.

Appellants seek damages for malicious interference with their contractual rights. The contract involved provided for the merger of Hunt Transfer Company with Consolidated Freightways, a large motor carrier, and was subject to the necessary approval of state and federal regulatory agencies. The alleged malicious interference consisted in the protest by appellee railroads of the application made to the Interstate Commerce Commission for approval of the merger...

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