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NORTHWEST AGRI. COOP. ASS'N v. INTERSTATE COM. COM'N

No. 19700.

350 F.2d 252 (1965)

NORTHWEST AGRICULTURAL COOPERATIVE ASSOCIATION, Inc., a corporation, Appellant, v. INTERSTATE COMMERCE COMMISSION, Appellee.

United States Court of Appeals Ninth Circuit.

August 10, 1965.

Attorney(s) appearing for the Case

Clifford N. Carlsen, Jr., Harvey C. Barragar, King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellant.

Sidney I. Lezak, U. S. Atty., Harold E. Patterson, Reg. Atty., I.C.C.; Portland, Or., Bernard A. Gould, I.C.C., Washington, D. C., for appellee.

John C. Bagwell, Gen. Counsel, Neil Brooks, Asst. Gen. Counsel, Jesse R. Farr, Robert E. Duncan, Attys., Dept. of Agriculture, Washington, D. C., for amicus curiae U. S. Secretary of Agriculture.

L. James Harmanson, Jr., Harry Ross, Washington, D. C., for amicus curiae Nat. Counsel of Farmer Cooperatives.

Before MADDEN, Judge of the Court of Claims, and HAMLEY and BROWNING, Circuit Judges.

BROWNING, Circuit Judge:

The Northwest Agricultural Cooperative Association seeks review of an injunction prohibiting it from engaging in certain trucking operations without authorization by the Interstate Commerce Commission.1

The following facts were established by stipulation and by the unchallenged affidavit of Northwest's president. Northwest was organized to transport its members' farm products to market at lower cost. The...

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