Interstate Commerce Commission v. Blue Diamond Products Co.

RILEY, District Judge.

Ruling by the Court on defendant’s motion to dismiss:

*453The Court: Now, Mr. Johnson, for the purpose of our record here I want to be sure that I understand correctly — do I understand that you reassert your motion to dismiss, based on the testimony that was produced here yesterday and the pleadings as they now stand, and the statement of counsel to which you referred yesterday and the colloquy which has taken place here with the Court and counsel?

Mr. Johnson: That is correct, Your Honor, and I move the Court to dismiss the action on those grounds originally urged and set up…