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CONSOLIDATED FREIGHTWAYS CORP. OF DEL. v. UNITED STATES

Civ. A. No. 39237.

193 F.Supp. 454 (1961)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Intervening Defendant.

United States District Court N. D. California, S. D.

March 6, 1961.

Attorney(s) appearing for the Case

William B. Adams, Portland, Or., Eugene T. Liipfert, Menlo Park, Cal., for plaintiff.

Robert A. Bicks, Asst. Atty. Gen., Laurence E. Dayton, U. S. Atty., San Francisco, Cal., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, General Counsel, Washington, D. C., Francis A. Silver, Associate General Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Before JERTBERG, Circuit Judge, GOODMAN, Chief Judge, and LLOYD H. BURKE, District Judge.

PER CURIAM.

Plaintiff holds so-called "grandfather" certificates issued by respondent Commission on November 26, 1947 and September 7, 1943 authorizing the transportation of "general commodities, except liquid petroleum products in bulk, in tank trucks", over specified routes.

On July 31, 1957 plaintiff sought from the respondent Commission an order for clarification of its present authority to transport petroleum based chemicals in tank vehicles over...

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