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BAGGETT TRANSPORTATION COMPANY v. UNITED STATES

Civ. A. No. 9984.

206 F.Supp. 835 (1962)

BAGGETT TRANSPORTATION COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

May 28, 1962.

Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, J. A. Simpson and Ormond Somerville, Birmingham, Ala., James W. Wrape and James N. Clay, III, of Wrape & Hernly, Memphis, Tenn., and Washington, D. C., for plaintiff.

Lee Loevinger, Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, Washington, D. C., and Macon L. Weaver, U. S. Atty., Birmingham, Ala., and Robert W. Ginnane, General Counsel and H. Neil Garson, Associate General Counsel, for Interstate Commerce Commission, Washington, D. C., for defendants.

Before RIVES, Circuit Judge, and LYNNE and GROOMS, District Judges.

GROOMS, District Judge.

This action was brought by Baggett Transportation Company under 28 U.S. C.A. §§ 2321-2325, to enjoin, annul and set aside certain orders of the Interstate Commerce Commission issued in Baggett Transportation Company Purchase — Hunt Freight Lines, Inc., Docket No. Mc-F-6034. The question presented is whether the Commission had the power after issuing a certificate of convenience and necessity on August 30, 1960, to amend certain...

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