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OREGON PACIFIC INDUSTRIES, INC. v. UNITED STATES

Civ. No. 73-286.

365 F.Supp. 609 (1973)

OREGON PACIFIC INDUSTRIES, INC., et al., Plaintiffs, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, Defendant-Intervenor.

United States District Court, D. Oregon.

October 18, 1973.

Attorney(s) appearing for the Case

Seymour L. Coblens, Portland, Or., for plaintiff.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant U.S.A.

Fritz R. Kahn, Gen. Counsel, Charles H. White, Jr., Atty., I.C.C., Washington, D. C., for defendant-intervenor I.C.C.

Before GOODWIN, Circuit Judge, and EAST and SKOPIL, District Judges.

MEMORANDUM OF DECISION

EAST, District Judge:

STATEMENT OF THE CASE

On May 8, 1973, the intervenor Interstate Commerce Commission (Commission), basing its action on the provisions of 49 U.S.C. § 1(15), sua sponte, and without notice and hearing, issued its so-called Service Order No. 1134 (Order). The Order has been from time to time continued and is now in effect.

The plaintiffs instituted these proceedings pursuant to 28 U.S.C. &...

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