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BOWMAN TRANSPORTATION, INC. v. UNITED STATES

Civ. A. No. 1256.

211 F.Supp. 354 (1962)

BOWMAN TRANSPORTATION, INC., a corporation, Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

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

November 2, 1962.

Attorney(s) appearing for the Case

Bishop & Morris, Birmingham, Ala., R. J. Reynolds, Jr., Atlanta, Ga., H. Charles Ephraim, Washington, D. C., for plaintiff.

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

Wrape & Hernly, and Glenn M. Elliott, Memphis, Tenn., Watkins & Daniell and Otis E. Stovall and Clyde W. Carver, Crimm & Postell, and Ariel V. Conlin, and Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for intervening defendants.

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

LYNNE, District Judge.

Brought under 28 U.S.C.A. §§ 1336, 1398, 2284, and 2321 to 2325, inclusive; 49 U.S.C.A. §§ 17(9), 305(g) and 305(h), and 5 U.S.C.A. § 1009, this action, to set aside and annul orders of the Interstate Commerce Commission, dated October 7, 1957, and May 17, 1961, entered in a consolidated proceeding embracing docket numbers MC-C-188, B & M Express, Inc.; et al. v. Bowman Transportation, Inc., and MC-94201 (Sub-No...

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