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TRUCKING UNLIMITED v. CALIFORNIA MOTOR TRANSPORT CO.

No. 22462.

432 F.2d 755 (1970)

TRUCKING UNLIMITED et al., Plaintiffs-Appellants, v. CALIFORNIA MOTOR TRANSPORT CO. et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 5, 1970.

Attorney(s) appearing for the Case

Michael N. Khourie (argued), J. Stanley Pottinger, Broad, Busterud & Khourie, San Francisco, Cal., for plaintiffs-appellants.

Boris H. Lakusta (argued), E. Myron Bull, Jr., David J. Marchant, Graham & James, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for Pacific Intermountain Express.

John MacDonald Smith, San Francisco, Cal. for Pacific Motor Trucking Co.

W. D. Bensen, Jr., Lubbock, Tex., for T.I.M.E. Freight, Inc.

Before HAMLIN and BROWNING, Circuit Judges, and PREGERSON, District Judge.

BROWNING, Circuit Judge:

This is an action by one group of trucking companies against another seeking treble damages and injunctive relief under the Sherman and Clayton Acts, 15 U.S.C. §§ 1-27. All are common carriers regulated by the California Public Utilities Commission (PUC) and the Interstate Commerce Commission (ICC) and require licenses from these agencies to operate.

The complaint alleges a conspiracy among defendants to restrain and monopolize...

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