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MIDDLEWEST MOTOR FREIGHT BUREAU v. UNITED STATES

No. 19863. No. 19870.

433 F.2d 212 (1970)

MIDDLEWEST MOTOR FREIGHT BUREAU et al., Appellees, v. UNITED STATES of America, Appellant. MIDDLEWEST MOTOR FREIGHT BUREAU et al., Appellees, v. NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., et al., Appellants.

United States Court of Appeals, Eighth Circuit.

October 6, 1970.

Attorney(s) appearing for the Case

Donald L. Horowitz, Atty., Dept. of Justice, Washington, D. C., for appellant the United States; William D. Ruckelshaus, Asst. Atty. Gen., and Alan S. Rosenthal and Norman G. Knopf, Washington, D. C., on the briefs.

Arthur A. Arsham, New York City, for appellants, The National Small Shipments Traffic Conference, Inc., and others; John J. C. Martin, New York City, and Richard A. Bowman, Minneapolis, Minn., on the briefs.

Harold C. Evarts, Minneapolis, Minn., for appellees, Middlewest Motor Freight Bureau, and others; George D. Michalson, Kansas City, Mo., and Roland Rice, Washington, D. C., on the briefs.

Before VOGEL, Senior Circuit Judge, and GIBSON and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

This is a consolidated appeal by the United States in its capacity as a shipper (No. 19,863) and by other intervening shippers (No. 19870) (hereinafter collectively referred to as shippers) from the judgment of a Three-Judge District Court in the District of Minnesota denying them restitution for excessive rates charged by appellees Middlewest Motor Freight Bureau and its operative interstate trucking carriers (hereinafter collectively referred...

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