ADMIRAL-MERCHANTS MOTOR FREIGHT, INC. v. UNITED STATES

Civ. A. No. C-2030.

321 F.Supp. 353 (1971)

ADMIRAL-MERCHANTS MOTOR FREIGHT, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, D. Colorado.

January 14, 1971.


Attorney(s) appearing for the Case

George D. Michalson, Kansas City, Mo., Rice, Carpenter & Carraway by Roland Rice, Washington, D. C., Jones, Meiklejohn, Kehl & Lyons by Alvin J. Meiklejohn, Jr., Arthur R. Hauver, Denver, Colo., for plaintiffs.

Walker B. Comegys, Acting Asst. Atty. Gen. by John H. D. Wigger, Dept. of Justice, Washington, D. C., James L. Treece, U. S. Atty., Denver, Colo., for the United States.

Fritz R. Kahn, Gen. Counsel by Leonard S. Goodman, Associate Gen. Counsel, I. C. C., Washington, D. C., for the I. C. C.

Belnap, McCarthy, Spencer & Hardy, Washington, D. C. by Charles J. McCarthy, Richard J. Hardy, Washington, D. C., John J. Conway, Denver, Colo., for intervenor Drug & Toilet Preparation Traffic Conference.

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


MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

I. FACTS

This is an action seeking judicial review of a Decision and Order of the Interstate Commerce Commission entered in that Commission's Docket No. 34971, Increased Rates and Charges, From, To and Between Middlewest Territory, 335 I.C.C. 397 (June 5, 1969), as modified by Order of August 29, 1969. Plaintiffs assert that insofar as that order purports to or does order them to refund...

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