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WESTERN ELEC. CO., INC. v. BURLINGTON TRUCK LINES, INC.

Nos. 73-1200 to 73-1202.

501 F.2d 928 (1974)

WESTERN ELECTRIC COMPANY, INC., Appellee, v. BURLINGTON TRUCK LINES, INC., et al., Appellants. The PROCTOR & GAMBLE DISTRIBUTING CO. et al., Appellees, v. IDEAL TRUCK LINES, INC., et al., Appellants. UNITED STATES of America, Appellee, v. BURLINGTON TRUCK LINE, INC., et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1974.

Attorney(s) appearing for the Case

Arthur R. Hauver, Denver, Colo., for appellants.

Edwin E. Huddleson, Atty., Dept. of Justice, Appellate Section, Washington, D. C., for United States.

Robert B. Ward, Cedar Rapids, Iowa, for Amana.

John C. Noonan, Kansas City, Mo., for Western Electric.

James F. McGovern, St. Paul, Minn., for Land O'Lakes.

Don M. Jackson, Kansas City, Mo., for Proctor & Gamble.

Before HEANEY and BRIGHT, Circuit Judges, and WANGELIN, District Judge.

HEANEY, Circuit Judge.

These are consolidated appeals by the defendant motor carriers from judgments entered after trial in favor of the plaintiff shippers. The actions filed by the shippers in the District Court were maintained to enforce an Interstate Commerce Commission refund order.1

In March of 1968, the Middlewest Motor Freight Bureau, a tariff publishing agent for motor carriers in the middlewest territory, filed a schedule...

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