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LYNDEN TRANSFER, INC. v. UNITED STATES

No. 275.

237 F.Supp. 124 (1964)

LYNDEN TRANSFER, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Consolidated Freightways Corporation of Delaware, and Interstate Commerce Commission, Intervening Defendants.

United States District Court W. D. Washington, N. D.

December 16, 1964.

Attorney(s) appearing for the Case

James T. Johnson, Seattle, Wash., for plaintiff.

William N. Goodwin, U. S. Atty., Gerald W. Hess, Asst. U. S. Atty., Seattle, Wash., for defendant.

Richard K. Bush, Ryan, Askren, Carlson, Bush & Swanson, Seattle, Wash., for Consolidated Freightways.

Thomas H. Ploss, I. C. C., Washington, D. C., for ICC.

Before BONE, Circuit Judge, and LINDBERG and BEEKS, District Judges.

PER CURIAM.

The function of this court in reviewing an order of the Interstate Commerce Commission is strictly limited. Where, as here, plaintiff's attack is directed to the conclusion reached by the Commission upon the evidence, the Commission's order may only be set aside if it can be said that the order is not supported by substantial evidence, or is arbitrary or capricious. Interstate Commerce Commission v. Jersey City, 322 U.S. 503

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