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HAWAIIAN EXP. SERV., INC. v. PACIFIC HAWAIIAN TERM., INC.

No. 72-1696.

492 F.2d 865 (1974)

HAWAIIAN EXPRESS SERVICE, INC., a corporation, Appellant, v. PACIFIC HAWAIIAN TERMINALS, INC., a corporation, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

February 20, 1974.

Attorney(s) appearing for the Case

Daniel W. Baker (argued), of Handler, Baker & Greene, San Francisco, Cal., for appellant.

Carl H. Fritze (argued), of Russell & Schureman, Los Angeles, Cal., for appellees.

Before TRASK, GOODWIN, and SNEED, Circuit Judges.

ALFRED T. GOODWIN, Circuit Judge:

Hawaiian Express Service, Inc., a freight forwarder authorized by the Interstate Commerce Commission to operate in the San Francisco-Hawaii trade, sued under 49 U.S.C. § 1017 (b) (2) to enjoin Pacific Hawaiian Terminals, Inc., from offering transportation services which Hawaiian Express contends amount to "freight forwarding" under the Interstate Commerce Act § 402 (a) (5), 49 U.S.C. § 1002 (a) (5). The district court...

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