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Washum v. United States

United States District Court, D. Arizona.
Apr 1, 1969
299 F. Supp. 712 (D. Ariz. 1969)

Opinion


299 F.Supp. 712 (D.Ariz. 1969) Haywood WASHUM et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ. 6886. United States District Court, D. Arizona. April 1, 1969

        Richard A. Wilson, of Lutich, D'Angelo & Wilson, Phoenix, Ariz., for plaintiffs, Robert E. Joyner, of Wrape & Hernly, Memphis, Tenn., of counsel.

        John N. Mitchell, U.S. Atty. Gen., Edwin M. Zimmerman, Asst. Atty. Gen., John H. D. Wigger, Atty., Washington D.C., Richard C. Gormley, Asst. U.S. Atty., Phoenix, Ariz., for defendant.

        Robert W. Ginnane, Gen. Counsel, Nahum Litt, Atty., Washington, D.C., for Intervenor I.C.C.

        Russell & Schureman, Los Angeles, Cal., Twitty, Sievwright & Mills, Phoenix, Ariz., for intervenor Freight Lines.

        Before JERTBERG and BROWNING, Circuit Judges, and CRAIG, District judge.

        ORDER

        PER CURIAM.

         Plaintiffs' motion for leave to amend the complaint and to adduce additional evidence is denied. The issue which plaintiffs seek to present was not submitted to the Commission, and may not be raised for the first time in this court. United States v. L. A. Tucker Truck Lines, 344 U.S. 33, 36-37, 73 S.Ct. 67, 97 L.Ed. 54 (1952); United States v. Capital Transit Co., 338 U.S. 286, 291, 70 S.Ct. 115, 94 L.Ed. 93 (1949); United States v. Hancock Truck Lines, 324 U.S. 774, 778-780, 65 S.Ct. 1003, 89 L.Ed. 1357 (1945); Neisloss v. Bush, 110 U.S.App.D.C. 396, 293 F.2d 873, 880 (1961). Moreover, with exceptions not applicable here, our review of the Commission's order is limited to the record presented to the Commission. Interstate Investors, Inc. v. United States, 287 F.Supp. 374, 385-386 (S.D.N.Y.1968), affirmed 393 U.S. 479, 89 S.Ct. 707, 21 L.Ed.2d 687 (1969).

         Based upon our examination of the record before the Commission in the light of the authorities cited by the parties, we are satisfied that the Commission followed the law and that its findings are supported by substantial evidence, including inferences reasonably drawn therefrom. We would not be warranted in overturning the Commission's orders simply because there is also substantial evidence in the record which would have supported findings favorable to the plaintiffs. Consolo v. Federal Maritime Comm., 383 U.S. 607, 619-621, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966); Illinois Central R.R. v. Norfolk & Western R.R., 385 U.S. 57, 66, 87 S.Ct. 255, 17 L.Ed.2d 162 (1966). Accordingly, the complaint is dismissed, and the temporary restraining order heretofore entered is vacated.


Summaries of

Washum v. United States

United States District Court, D. Arizona.
Apr 1, 1969
299 F. Supp. 712 (D. Ariz. 1969)
Case details for

Washum v. United States

Case Details

Full title:Haywood WASHUM et al., Plaintiffs, v. UNITED STATES of America, Defendant.

Court:United States District Court, D. Arizona.

Date published: Apr 1, 1969

Citations

299 F. Supp. 712 (D. Ariz. 1969)

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