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S. S. KRESGE COMPANY v. A & B TRANSFER, INC.

No. 72-1967.

488 F.2d 894 (1973)

S. S. KRESGE COMPANY, Plaintiff-Appellee, v. A & B TRANSFER, INC., et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 5, 1973.

Certiorari Denied March 4, 1974.

Attorney(s) appearing for the Case

Arthur R. Hauver, Denver, Colo., for defendants-appellants; Alvin J. Meiklejohn, Jr., of Jones, Meiklejohn, Kehl & Lyons, Denver, Colo., Walter N. Bieneman, Robert D. Schuler and John W. Ester of Matheson, Bieneman, Veale & Parr, Detroit, Mich., on brief.

William B. Thompson, Troy, Mich., for plaintiff-appellee.

Before PECK, McCREE and MILLER, Circuit Judges.

Certiorari Denied March 4, 1974. See 94 S.Ct. 1491.

JOHN W. PECK, Circuit Judge.

This is an appeal from an order granting summary judgment in favor of the plaintiff-shipper, S. S. Kresge, in an action against A & B Transfer, Inc., and a number of other motor carriers engaged in interstate commerce. In the District Court, Kresge sought enforcement of an Interstate Commerce Commission refund order, upheld by a three-judge district court in Admiral-Merchants...

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