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KELLER v. THORNTON CANNING CO.

Docket No. Sac. 7789.

66 Cal.2d 963 (1967)

429 P.2d 156

59 Cal. Rptr. 836

DAVID KELLER et al., Plaintiffs and Appellants, v. THORNTON CANNING COMPANY et al., Defendants and Respondents.

Supreme Court of California. In Bank.

July 3, 1967.

Attorney(s) appearing for the Case

Chargin & Briscoe and Ann M. Chargin for Plaintiffs and Appellants.

McCutchen, Doyle, Brown, Trautman & Enersen, Loyd W. McCormick, Craig McAtee and Stephen R. Grant for Defendants and Respondents.

TOBRINER, J.

This case turns on the shippers' contention that because the carrier lacked a required permit from the Public Utilities Commission authorizing its operations as a radial highway common carrier, it could not file suit to recover the minimum rates that it should have charged. Following a trial on special defenses, the court entered judgment for the shippers; the carrier appeals. We have concluded that the policies and provisions of the Highway Carriers...

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