MITCHELL BROS. TRUCK LINES v. UNITED STATES

Civ. No. 63-215.

225 F.Supp. 755 (1963)

MITCHELL BROS. TRUCK LINES, a corporation, Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court D. Oregon.

December 20, 1963.


Attorney(s) appearing for the Case

William F. White, of White, Sutherland & White, Portland, Or., for plaintiff.

Francis A. Silver and William Harrison, Department of Justice, Washington, D. C., for defendants.

Before BARNES, Circuit Judge, and SOLOMON and KILKENNY, District Judges.


KILKENNY, District Judge.

Plaintiff is dissatisfied with, and challenges the validity of, the conclusion of the defendant Commission that certain of the commodities being transported by plaintiff are beyond the scope of its operating authority.

Plaintiff is authorized by its Certificates of Public Convenience and Necessity, as a motor common carrier of property to transport, so far as here relevant, the following:

"Forest products and lumber...

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