AKERS MOTOR LINES v. MALONE FREIGHT LINES

No. 6391.

88 F.Supp. 654 (1950)

AKERS MOTOR LINES, Inc., et al. v. MALONE FREIGHT LINES, Inc. (INTERSTATE COMMERCE COMMISSION, Intervenor).

United States District Court N. D. Alabama. S. D.

February 10, 1950.


Attorney(s) appearing for the Case

Graham, Bibb, Wingo & Foster, Birmingham, Ala., Edgar Watkins, Reuben G. Crimm and Allan Watkins, Atlanta, Ga., for plaintiffs.

John D. Hill, U. S. Atty., Birmingham, Ala., and Leo H. Pou and Isaac K. Hay, Atlanta, Ga., for intervenor, I. C. C.

W. H. Brantley, Jr., Birmingham, Ala., Messrs. Wrape & Hernly, Memphis, Tenn., for defendant.


LYNNE, District Judge.

Invoking the jurisdiction of this Court, plaintiffs rely upon the diversity of citizenship and amount in controversy provisions of Section 1332, Title 28 U.S.C.A.

Contending that defendant, a motor carrier operating under a certificate of public convenience and necessity issued by the Interstate Commerce Commission, as are the several plaintiffs, is wrongfully interfering with the business of each plaintiff by its constant practice of...

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