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I. C. C. v. MILK PRODUCERS MARKETING COMPANY

No. 114-68.

405 F.2d 639 (1969)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellee, v. MILK PRODUCERS MARKETING COMPANY, William Cecil Jenkins, Ralph Kapke, James Ellis, and Art Warren, Defendants-Appellants, National Motor Freight Traffic Association, Inc., Regular Route Common Carrier Conference, and Common Carrier Conference — Irregular Route, Intervenors-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 7, 1969.

Attorney(s) appearing for the Case

Harry F. Horak, Kansas City, Mo. (Benjamin E. Franklin, U. S. Atty., Elmer Hoge, Asst. U. S. Atty., Joseph F. Walker, Fort Worth, Tex., and Bernard A. Gould, Washington, D. C., on the brief), for plaintiff-appellee.

Robert H. Bingham, Kansas City, Kan., and Warren H. Sapp, Kansas City, Mo. (Lee E. Weeks, Kansas City, Kan., Leonard O. Thomas, J. D. Lysaught and Tom B. Kretsinger, Kansas City, Mo., on the brief), for defendants-appellants.

Thomas M. Knebel, Washington, D. C. (John E. Jandera, Topeka, Kan., and Bryce Rea, Jr., Washington, D. C., on the brief), for intervenors-appellees.

Before BREITENSTEIN and HICKEY, Circuit Judges, and ARRAJ, District Judge.

BREITENSTEIN, Circuit Judge.

Appellee-plaintiff, Interstate Commerce Commission, brought suit under 49 U.S.C. § 322(b) to enjoin Milk Producers Marketing Company and four of its agents from engaging in the for-hire transportation of property by motor vehicle in violation of Part II of the Interstate Commerce Act, 49 U.S.C. § 301 et seq. The appellees other than the Commission are three associations of motor vehicle carriers which operate under certificates...

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