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FILSON v. I. C. C.

Civ. A. No. 6387.

182 F.Supp. 675 (1960)

H. D. FILSON, Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants, and Illinois-California Express, Inc., et al., Defendant Interveners.

United States District Court D. Colorado.

April 11, 1960.

Attorney(s) appearing for the Case

A. E. Small, Jr., Denver, Colo., for plaintiff.

Donald G. Brotzman, U. S. Atty., Denver, Colo., Carroll T. Prince, Jr., Office of Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants.

Barry & Boyle, Herbert M. Boyle, John F. Mueller, Denver, Colo., Axelrod, Goodman & Steiner, Chicago, Ill., Stockton, Linville & Lewis, Truman A. Stockton, Jr., and John H. Lewis, Denver, Colo., for defendant-interveners.

Before BREITENSTEIN, Circuit Judge, and KERR and ARRAJ, District Judges.

ARRAJ, District Judge.

This matter is before the Court on plaintiff's complaint challenging the report of the Interstate Commerce Commission of March 27, 1958, which denied plaintiff a certificate of public convenience and necessity. The certificate was sought, in an application filed September 20, 1956, to allow plaintiff to operate as a common carrier by motor vehicle of general commodities, with exceptions, from Chicago to Denver and of specified commodities from...

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