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BROOKS TRANSP. CO. v. UNITED STATES

Civ. No. 1419.

108 F.Supp. 244 (1952)

BROOKS TRANSP. CO., Inc. v. UNITED STATES.

United States District Court E. D. Virginia, Richmond Division.

May 23, 1952.

Attorney(s) appearing for the Case

J. Ninian Beall, Washington, D. C., and William M. Blackwell, Richmond, Va., for plaintiff.

Daniel W. Knowlton, Chief Counsel, and C. H. Johns, Atty., Washington, D. C., for Interstate Commerce Commission.

H. G. Morison, William J. Hickey, Asst. Atty. Gen., James E. Kilday, Sp. Asst. to Atty. Gen., A. Carter Whitehead, U. S. Atty., Richmond, Va., and William P. Woolls, Jr., Sp. Asst. to U. S. Atty., Alexandria, Va., for United States.

Wilmer A. Hill, Washington, D. C., and Henry E. Ketner, Richmond, Va., for Falwell Fast Freight, Inc., and Red Line, Inc.

Before DOBIE, Circuit Judge, and HUTCHESON, Chief Judge, and BRYAN, District Judge.

STERLING HUTCHESON, Chief Judge.

In this action the plaintiff, Brooks Transportation Company, Incorporated, (hereinafter referred to as Brooks or plaintiff), seeks to have set aside certain orders of the Interstate Commerce Commission (hereinafter referred to as the Commission), which deny the plaintiff authority to render transportation services as a common carrier to and from Piney River, Virginia.

The plaintiff is a Class I motor carrier, conducting general...

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