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ALAMO EXPRESS, INC. v. UNITED STATES

Civ. A. No. 3485.

239 F.Supp. 694 (1965)

ALAMO EXPRESS, INC., Brown Express, Inc., Red Arrow Freight Lines, Inc., and Southwestern Motor Transport, Inc., Plaintiffs, v. The UNITED STATES of America, the Interstate Commerce Commission, Central Freight Lines, Inc., W. W. Callan, and Inland Motor Freight Lines, Inc., Defendants.

United States District Court W. D. Texas, San Antonio Division.

March 20, 1965.

Attorney(s) appearing for the Case

Felts & Robinson, by Dan Felts, Austin, Tex., for Alamo Express, Inc.

Rawlings, Sayers, Scurlock & Eidson, by Reagan Sayers, Fort Worth, Tex., for Brown Express, Inc.

Ewell H. Muse, Jr., Austin, Tex., for Southwestern Motor Transport, Inc.

Richey, Sheehy, Teeling & Cureton, by W. E. Cureton, Waco, Tex., for Central Freight Lines, Inc. and W. W. Callan.

Henry Valdespino, Asst. U. S. Atty., San Antonio, Tex., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for United States of America.

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

Before BROWN, Circuit Judge, SPEARS, Chief Judge, District Court, and SUTTLE, District Judge.

SUTTLE, District Judge.

Plaintiffs brought this action to set aside, annul and enjoin orders of the Interstate Commerce Commission granting authority under Section 5(2)(a) of the Interstate Commerce Act, 49 U.S.C. § 5(2)(a), to CENTRAL FREIGHT LINES, INC., to acquire control of INLAND MOTOR FREIGHT LINES, INC., through purchase of capital stock, and in turn to W. W. CALLAN, controlling stockholder of CENTRAL, by virtue of the transaction. Their main complaint...

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