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JONES TRUCK LINES v. UNITED STATES

No. 324.

146 F.Supp. 697 (1956)

JONES TRUCK LINES, Inc., Plaintiff, v. UNITED STATES of America, and The Interstate Commerce Commission, Defendants, and East Texas Motor Freight Lines, and Superior Forwarding Company, Inc., Intervening Defendants.

United States District Court W. D. Arkansas, Fayetteville Division.

December 12, 1956.

Attorney(s) appearing for the Case

George L. Gisler and Lewis A. Dysart, Kansas City, Mo., and Courtney C. Crouch, Springdale, Ark., for plaintiff.

Victor R. Hansen, Asst. Atty. Gen., James E. Kilday and Maurice A. Fitzgerald, Attys., Dept. of Justice, Washington, D. C., and Charles W. Atkinson, U. S. Dist. Atty., Fort Smith, Ark., for defendant, United States of America.

Robert W. Ginnane, Gen. Counsel, and James Y. Piper, Asst. Gen. Counsel, Washington, D. C., for defendant, Interstate Commerce Commission.

Joe P. Mathews, Dallas, Tex., and R. C. Butler, Little Rock, Ark., for intervening defendant, East Texas Motor Freight Lines.

G. M. Rebman, St. Louis, Mo., and R. C. Butler, Little Rock, Ark., for intervening defendant, Superior Forwarding Co., Inc.

Before WHITTAKER, Circuit Judge, and MILLER and RIDGE, District Judges.

WHITTAKER, Circuit Judge.

By this action the plaintiff, Jones Truck Lines, Inc. — hereinafter called Jones — asks this specially constituted three-judge Court to enjoin enforcement of, and to set aside, an order of the Interstate Commerce Commission, dated March 13, 1956, requiring Jones to cease conducting motor carrier operations in areas in Arkansas found in that order to be beyond the scope of its certificate of convenience and necessity.

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