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BALTIMORE SHIP. & RECEIV. ASS'N v. PUBLIC UTIL. COM'N OF CAL.

Civ. Nos. 45076, 45123 and 45576.

268 F.Supp. 836 (1967)

BALTIMORE SHIPPERS AND RECEIVERS ASSOCIATION, Inc., the Charter Oak Shippers Cooperative Association, Inc., Industrial Shippers Association, Inc., United Shippers Association, Inc., Plaintiffs, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA and Peter E. Mitchell, William M. Bennett, A. W. Gatov, William Symons, Jr., and Fred P. Morrissey, Defendants. CHARLES J. WORTH DRAYAGE COMPANY, Los Angeles Wholesale Institute, Plaintiffs, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA and Peter E. Mitchell, William M. Bennett, A. W. Gatov, William Symons, Jr., and Fred P. Morrissey, Defendants. G. I. TRUCKING COMPANY, Redway Truck and Warehouse Company, Plaintiffs, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA and Peter E. Mitchell, William M. Bennett, A. W. Gatov, William Symons, Jr., and Fred P. Morrissey, Defendants.

United States District Court N. D. California.

May 23, 1967.

Attorney(s) appearing for the Case

Ronald N. Cobert, Grove, Jaskiewicz & Gilliam, Washington, D. C., Howard M. Downs, Howard, Prim, Smith, Rice & Downs, San Francisco, Cal., for plaintiffs Baltimore Shippers and Receivers Association, Inc., The Charter Oak Shippers Cooperative Association, Inc., Industrial Shippers Association, Inc., and United Shippers Association, Inc.

Cecil E. Ricks, Jr., Hill, Farrer & Burrill, Los Angeles, Cal., for plaintiffs Charles J. Worth Drayage Co. and Los Angeles Wholesale Institute.

Donald Murchison, Murchison & Stebbins, Beverly Hills, Cal., for plaintiffs G. I. Trucking Co. and Redway Truck and Warehouse Co.

Mary Moran Pajalich, Bernard A. Peeters, Janice E. Kerr, Public Utilities Commission of the State of California, San Francisco, Cal., for defendants.

Before HAMLIN, Circuit Judge, and BURKE and ZIRPOLI, District Judges.

ORDER GRANTING PERMANENT INJUNCTION

ZIRPOLI, District Judge.

This is an action brought by two classes of plaintiffs, (1) nonprofit cooperative shippers' associations, and (2) motor carriers who contract with such shippers' associations to deliver their goods from break-bulk points to final destinations, both within the State of California. The action is brought to contest the jurisdiction of defendants to require the carriers

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