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RINGSBY TRUCK LINES, INC. v. UNITED STATES

No. 72-1887.

490 F.2d 620 (1973)

RINGSBY TRUCK LINES, INC., et al., Appellees, (Plaintiffs below), v. UNITED STATES of America and Interstate Commerce Commission, (Defendants below), v. The NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., and Drug and Toilet Preparation Traffic Conference, Appellants. (Intervening Defendants below).

United States Court of Appeals, Tenth Circuit.

Decided December 13, 1973.

Rehearing Denied February 21, 1974.

Attorney(s) appearing for the Case

William Q. Keenan, New York City (James L. Tilly, Denver, Colo., of counsel; Arsham & Keenan, New York City, and Tilly & Graves, Denver, Colo., with him on the brief), for appellants.

Alvin J. Meiklejohn, Jr., Denver, Colo. (David E. Driggers, of Jones, Meiklejohn, Kehl & Lyons, and Z. L. Pearson, Jr., William E. Kenworthy and Gerald W. Hess, Denver, Colo., were with him on the brief), for appellees.

Before LEWIS, Chief Judge, and BARRETT and DOYLE, Circuit Judges.

LEWIS, Chief Judge.

This appeal is brought by the National Small Shipments Traffic Conference, Inc. and the Drug and Toilet Preparation Traffic Conference, intervening defendants below, from the judgment of a statutory three-judge court convened in the United States District Court for the District of Colorado. The court vacated and set aside an Interstate Commerce Commission rate cancellation order and remanded the matter to the Commission for further proceedings...

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