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EPHRAIM FREIGHTWAYS, INC. v. RED BALL MOTOR FREIGHT, INC.

No. 9068.

376 F.2d 40 (1967)

EPHRAIM FREIGHTWAYS, INC., Appellant, v. RED BALL MOTOR FREIGHT, INC., Appellee.

United States Court of Appeals Tenth Circuit.

April 17, 1967.

Attorney(s) appearing for the Case

Stockton, Lewis & Mitchell, Denver, Colo. (Truman A. Stockton, Jr., John H. Lewis, and William F. Schenkein, Denver, Colo., on the brief), for appellant.

Edward T. Lyons, Jr., of Jones, Meiklejohn, Kehl & Lyons, Denver, Colo. (T. Peter Craven, Denver, Colo., on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of Colorado denying a motion to stay all proceedings pending determination by the Colorado Public Utilities Commission of another case said to be determinative herein.

Red Ball Motor Freight, Inc. brought a diversity action against Ephraim Freightways, Inc. for an injunction and damages. Red Ball is a common...

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