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CLIPPER EXXPRESS v. ROCKY MOUNTAIN MOTOR TARIFF BUREAU

No. 78-3684.

674 F.2d 1252 (1982)

CLIPPER EXXPRESS, a corporation, Plaintiff-Appellant, v. ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., Yellow Freight Systems, Inc., Consolidated Freightways Corporation of Delaware, Illinois-California Express Inc., IML Freight Inc., Pacific Intermountain Express Co., T.I. M.E. — D.C. Inc., Consolidated Copperstate Lines, Garrett Freight Lines, Inc., Navajo Freight Lines, Inc., N.W. Transport Service, Inc., Ringsby Truck Lines, Inc., Rio Grande Motor Way, Salt Creek Freight Ways, Transcon Lines, United Buckingham Freight Lines and Western Gillette, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted October 24, 1980.

Decided April 19, 1982.

As Amended July 29, 1982.

Attorney(s) appearing for the Case

Eugene C. Crew, Joel Linzner, San Francisco, Cal., argued, for plaintiff-appellant; Mark J. Le Hocky, Broad, Khourie & Schulz, San Francisco, Cal., on brief.

J. Thomas Rosch, San Francisco, Cal., argued, for defendants-appellees; Ann Fingarette Hasse, McCutchen, Doyle Brown & Enersen, San Francisco, Cal., on brief.

Robert S. Griswold, Jr., Gary Roberts, San Francisco, Cal., on brief, for I.C.C. amicus curiae.

Before WALLACE and ALARCON, Circuit Judges and von der HEYDT, District Judge.

ALARCON, Circuit Judge:

Plaintiff Clipper Exxpress (Clipper) appeals from the entry of an order granting summary judgment for the defendant trucking companies and Rocky Mountain Motor Tariff Bureau (RMMTB) [hereinafter jointly referred to as defendants]. Clipper sued defendants for various antitrust violations arising from protests filed with the Interstate Commerce Commission (ICC) by defendants with regard to certain shipping rates published1<...

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