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LUND v. UNITED STATES

Civ. A. No. C-1810.

319 F.Supp. 552 (1970)

Clifton A. LUND, doing business as Stendal Transportation Company, Inc., and Elmer's Express, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Great Northern Railway Company, a corporation, and Garrett Freightlines, Inc., Intervenors.

United States District Court, D. Colorado.

November 13, 1970.

Attorney(s) appearing for the Case

Herbert M. Boyle, Denver, Colo., for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and James L. Treece, U. S. Atty., Denver, Colo., for defendant United States.

Fritz R. Kahn, Gen. Counsel, Interstate Commerce Comm., and Peter A. Fitzpatrick, Atty., Interstate Commerce Comm., Washington, D. C., for defendant Interstate Commerce Comm.

Edwin S. Booth, Helena, Mont., and Roger Sollenbarger, Denver, Colo., for intervenor Great Northern Railway Co.

Maurice H. Greene, Boise, Idaho, and Roger Sollenbarger, Denver, Colo., for intervenor Garrett Freightlines, Inc.

Before HILL, Circuit Judge, and DOYLE and KERR, District Judges.

HILL, Circuit Judge.

This is a statutory three-judge court case in which plaintiffs Lund, d/b/a Stendal Transportation Company, Inc. and Elmer's Express, Inc., seek to enjoin, set aside, annul and suspend the report and order of the Interstate Commerce Commission which corrected a certificate of public convenience and necessity granting, inter alia, common carrier operations between points in Montana, including...

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