RAYE AND COMPANY TRANSPORTS, INC. v. UNITED STATES

Civ. A. No. 1936.

314 F.Supp. 1036 (1970)

RAYE AND COMPANY TRANSPORTS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, W. D. Missouri, Southwestern Division.

As Amended October 23, 1970.


Attorney(s) appearing for the Case

Herbert C. Casteel, Carthage, Mo., Harry Ross, for Hays and Hays, Washington, D. C., for plaintiff.

John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Fritz R. Kahn, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

Tom B. Kretsinger, Wentworth E. Griffin, for Ruder, Griffin & Dysart, Kansas City, Mo., for Protestants Western Gillette, Inc., and Frozen Foods Express.

Before GIBSON, Circuit Judge, BECKER, Chief Judge, and OLIVER, District Judge.


MEMORANDUM OPINION AND FINAL JUDGMENT

BECKER, Chief Judge.

Plaintiff Raye and Company Transports, Inc. ("Raye" hereinafter) filed this civil action in equity seeking the annulment and suspension of orders of the Interstate Commerce Commission ("ICC" hereinafter) in a proceeding docketed before the Commission as MC-118196 (Sub-No. 6) Raye and Company Transports, Inc. -Dairy Products Midwest to West. Raye requested the issuance of an order (1) restraining...

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