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EDDLEMAN v. UNITED STATES

Civ. A. No. 8195.

229 F.Supp. 231 (1964)

George R. EDDLEMAN, Clarence Eddleman, Charlie R. Eddleman and Joe W. Eddleman, doing business as Eddleman Brothers, Plaintiffs, and Denver Meat Company (Kovick Meat Company) and Litvak Meat Company, Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Consolidated Freightways Corporation of Delaware, Denver-Albuquerque Motor Transport, Inc., Garrett Freightlines, Inc., Red Ball Motor Freight, Inc., Ringsby Truck Lines, Inc. and United-Buckingham Freight Lines, Intervening Defendants.

United States District Court D. Colorado.

April 29, 1964.

Attorney(s) appearing for the Case

Barry & Boyle, Denver, Colo., for plaintiff.

John R. Barry, Denver, Colo., for intervening plaintiffs.

Robert F. Kennedy, Atty. Gen. of the United States, Dept. of Justice, Leonard S. Goodman, Arthur J. Cerra, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., and Lawrence M. Henry, U. S. Atty., for the District of Colorado, Denver, Colo., for defendants.

Jones, Meiklejohn, Kilroy, Kehl & Lyons, Edward T. Lyons, Jr., Denver, Colo., for intervening defendants.

Before LEWIS, Circuit Judge, and ARRAJ and DOYLE, District Judges.

DOYLE, District Judge.

The plaintiffs herein, partners doing business as Eddleman Brothers, brought this action seeking to set aside and enjoin the enforcement of orders of the Interstate Commerce Commission, which orders denied their application for authority to operate as a contract carrier by motor vehicle.

The plaintiffs' application, filed March 26, 1962, and amended April 16, 1962, seeks the issuance of a permit to operate in interstate commerce over...

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