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CONSOLIDATED FREIGHTWAYS CORP. OF DEL. v. UNITED STATES

No. 42256.

237 F.Supp. 391 (1964)

CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Everts' Commercial Transport, Inc., Pacific Truck Service, Inc., Asbury Transportation Co., Acme Transportation, Inc., and Inland Transportation Co., Inc., Intervening Defendants.

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

December 7, 1964.

Attorney(s) appearing for the Case

W. J. Hickey, San Francisco, Cal., and Wm. B. Adams, Portland, Or., for plaintiff.

Francis A. Silver and Wm. L. Harrison, I. C. C., Washington, D. C., for defendants.

Marshall G. Berol, San Francisco, Cal., Earle V. White, Portland, Or., for intervening defendants.

Before BONE, Circuit Judge, and WOLLENBERG and BURKE, District Judges.

PER CURIAM.

Plaintiff seeks to have this Court set aside and annul two orders of the Interstate Commerce Commission dated respectively July 27, 1959 and August 15, 1963. It argues that the determination by the Commission that it could no longer transport chemicals derived from petroleum "was arbitrary, capricious and constituted a partial revocation of plaintiff's authority contrary to the applicable law."

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