W. M. DANIELS, Plaintiff,
v.
UNITED STATES of America, Defendant,
and
Interstate Commerce Commission, and Great Northern Railway Company, Intervening Defendants.
United States District Court D. Montana, Butte Division.https://leagle.com/images/logo.png
October 19, 1962.
Rehearing Denied in Supplemental Opinion December 14, 1962.
Attorney(s) appearing for the Case
John W. Bonner and Sidney O. Smith Helena, Mont., for plaintiff.
Lee Loevinger, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Moody Brickett, U. S. Atty., for the District of Montana, Butte, Mont., for defendant, the United States.
Robert W. Ginnane, Gen. Counsel, and Arthur J. Cerra, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for intervening defendant Interstate Commerce Commission.
Weir, Gough & Booth and Ward A. Shanahan, Helena, Mont., for intervening defendant, Great Northern Ry. Co.
Before JERTBERG and BROWNING, Circuit Judges, and JAMESON, District Judge.
United States District Court D. Montana, Butte Division.
PER CURIAM.
This is an action to review an order of the Interstate Commerce Commission dated November 21, 1961, in Docket No. MC-C-2507, W. M. Daniels-Investigation of Second Proviso Eligibility. The sole question presented is whether plaintiff's interstate operations in Montana, pursuant to his Montana Interstate Permit M.R.C. No. 284, fall within the partial exemption of the second proviso of section 206(a) (1) of the...
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