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AYER v. UNITED STATES

Civ. A. No. 5219.

139 F.Supp. 440 (1956)

Jimmie H. AYER, d/b/a Home Transportation Company, Complainant, v. The UNITED STATES of America and The Interstate Commerce Commission, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

March 19, 1956.

Attorney(s) appearing for the Case

Allan Watkins and Paul Daniell, Atlanta, Ga., for plaintiff.

James W. Dorsey, U. S. Atty., Atlanta, Ga., Isaac K. Hay, Asst. Gen. Counsel, I.C.C. Washington, D. C., for the United States.

Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for intervenors.

Before TUTTLE, Circuit Judge, and HOOPER and SLOAN, District Judges.

TUTTLE, Circuit Judge.

This is an action brought under sections 1336, 2284, and 2321-2325 of Title 28, United States Code, to set aside an order of the Interstate Commerce Commission, dated May 2, 1955, in a proceeding under section 207 of the Interstate Commerce Act, 49 U.S.C.A. § 307, wherein the Commission denied the application of the plaintiff for a certificate of public convenience and necessity.

On October 20, 1952, Jimmie H. Ayer, doing business...

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