Lund v. United States

HILL, Circuit Judge.

This is a statutory three-judge court case in which plaintiffs Lund, d/b/a Stendal Transportation Company, Inc. and Elmer’s Express, Inc., seek to enjoin, set aside, annul and suspend the report and order of the Interstate Com*554merce Commission which corrected a certificate of public convenience and necessity granting, inter alia, common carrier operations between points in Montana, including Lewistown, Billings, and Great Falls. The action is brought and the jurisdiction of this court is invoked under 49 U.S.C. §§ 17(9), 305(h); 5 U.S. C. § 1009; 28 U.S.C. §§ 1336, 1398,…