V. VAN DYKE TRUCKING, INC. v. UNITED STATES

No. 7753.

291 F.Supp. 97 (1968)

V. VAN DYKE TRUCKING, INC., a Washington corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Washington, N. D.

September 30, 1968.


Attorney(s) appearing for the Case

John Ranquet, George Kargianis, Seattle, Wash., for plaintiff.

Eugene G. Cushing, U. S. Atty., Albert Stephan, Asst. U. S. Atty., Seattle, Wash., Edwin M. Zimmerman, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, and Barry Roberts, Atty., I. C. C., Washington, D. C., for I. C. C.

Reaugh, Hart, Allison, Prescott & Davis and George H. Hart and Jack R. Davis, George Labissoniere, Seattle, Wash., White, Sutherland & Gilbertson and Norman E. Sutherland, Portland, Or., for intervening defendants.

Boyd Hartman, Seattle, Wash., for Consolidated Freightways Corp. of Delaware.

Before HAMLEY, Circuit Judge, and LINDBERG and BEEKS, District Judges.


OPINION

PER CURIAM.

This is a complaint to set aside a report and order of the Interstate Commerce Commission, which reversed the Joint Board's recommendation and denied plaintiff's application for operating authority.

It is clear from the record that the Commission did not, in any material instance, pass upon the credibility of a witness as contended by plaintiff; it simply arrived at a different conclusion from the evidence presented than did the...

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