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YELLOW TRANSIT FREIGHT LINES, INC. v. UNITED STATES

Civ. No. 9247.

221 F.Supp. 465 (1963)

YELLOW TRANSIT FREIGHT LINES, INC., East Texas Motor Freight Lines, Inc., and Red Ball Motor Freight, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission. Defendants, and Herrin Transportation Co., and Central Freight Lines, Inc., Intervening Defendants.

United States District Court N. D. Texas, Dallas Division.

July 15, 1963.

Attorney(s) appearing for the Case

Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., Rice, Carpenter & Carraway, Washington, D. C., Callaway, Reed, Kidwell & Brooks, by Rollo E. Kidwell, Charles D. Mathews, Dallas, Tex., for plaintiffs.

Phillip Robinson, of James, Robinson & Starnes, Austin, Tex., and Ralph W. Pulley, Jr., of Phinney, Hallman & Pulley, Dallas, Tex., for defendants Herrin Transportation & Central Freight Lines.

John H. D. Wigger, Justice Dept., Lee Loevinger, Asst. Atty. Gen., Washington, D. C., and Barefoot Sanders, U. S. Atty., Dallas, Tex., for defendants United States and I. C. C.

Walter Caven and Charles L. Ford, Jr., Austin, Tex., for intervenors Missouri Pacific R. R. & Southern Pacific Co.

Before BROWN, Circuit Judge, and DAVIDSON and HUGHES, District Judges.

PER CURIAM.

For reasons separately stated, Judges Brown and Davidson join in an order setting aside the order of the Interstate Commerce Commission and remanding the case for further and not inconsistent proceedings. Judge Hughes for reasons set forth in her dissenting opinion would uphold the order and dismiss the complaint. The Court is in full agreement, however, that since a remand is ordered, the Court does not undertake to impose any restrictions on the nature...

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