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I. C. C. v. BIG SKY FARMERS & RANCHERS MKTG. COOP. OF MONT.

No. 26858.

451 F.2d 511 (1971)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellee, v. BIG SKY FARMERS AND RANCHERS MARKETING COOPERATIVE OF MONTANA et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 13, 1971.

Attorney(s) appearing for the Case

Rodney E. Nelson, of Nelson, Liker & Merrifield, Los Angeles, Cal., G. Robert Crotty, Jr., Leo Graybill, Jr., Great Falls, Mont., for defendants-appellants.

Robert S. Griswold, Jr., San Francisco, Cal., Carolyn Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, KOELSCH and HUFSTEDLER, Circuit Judges.

KOELSCH, Circuit Judge.

This appeal concerns a question of the scope of 49 U.S.C. § 303(b) (5)—the provision of the Interstate Commerce Act which extends to agricultural "cooperative associations" [12 U.S.C. § 1141j(a)], a limited exemption from the certification requirements of the Act and affords cooperatives the privilege to operate in interstate commerce as motor carriers for compensation without authorization from the Interstate Commerce Commission...

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