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REDDISH v. UNITED STATES

Civ. A. No. 1531.

188 F.Supp. 160 (1960)

Elvin L. REDDISH, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Contract Carrier Conference of American Trucking Associations, Inc., Intervening Plaintiff, L. A. Tucker Truck Lines, Inc., Orscheln Bros. Truck Lines, Inc., Arkansas-Best, Freight System, Inc., East Texas Motor Freight Lines, Inc., Gillette Motor Transport, Inc., Western Truck Lines, Ltd., Regular Common Carrier Conference of The American Trucking Associations, Inc., Atchison, Topeka & Santa Fe Railway Company, and 31 Other Class I Rail Carriers in Western Truck Line Territory, Intervening Defendants.

United States District Court W. D. Arkansas, Fort Smith Division.

October 19, 1960.

Attorney(s) appearing for the Case

John H. Joyce, Fayetteville, Ark., A. Alvis Layne, Washington, D. C., for plaintiff.

Todd, Dillon & Singer, Washington, D. C., for intervening plaintiff.

Richard H. Stern, Dept. of Justice, Washington, D. C., Chas. W. Atkinson, U. S. Atty., Fort Smith, Ark., for the United States.

Arthur J. Cerra, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

LaTourette & Rebman, St. Louis, Mo., Harper, Harper, Young & Durden, Fort Smith, Ark., Rice, Carpenter & Carraway, Washington, D. C., Callaway, Reed, Kidwell & Brooks, Dallas, Tex., Warner, Warner & Ragon, Fort Smith, Ark., E. L. Ryan, Jr., Chicago, Rock Island & Pacific R. R. Co., Chicago, Ill., for intervening defendants.

Before MATTHES, Circuit Judge, and MILLER and YOUNG, District Judges.

YOUNG, District Judge.

This is an action before a three-judge district court to enjoin and set aside orders of the Interstate Commerce Commission which denied plaintiff, Elvin L. Reddish, permanent authority to operate as a contract carrier by motor vehicle in interstate commerce. 28 U.S.C. §§ 1336, 1398, 2284 and 2321 through 2325 inclusive. By statute, the action is against the United States, represented by the Attorney General, while the Interstate Commerce...

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