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GOGGIN TRUCK LINE, INC. v. UNITED STATES

Civ. A. No. 4623.

276 F.Supp. 884 (1967)

GOGGIN TRUCK LINE, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court M. D. Tennessee, Nashville Division.

November 27, 1967.

Attorney(s) appearing for the Case

Robert H. Cowan, Gracey, Buck, Maddin & Cowan, Nashville, Tenn., for plaintiff.

Gilbert Merritt, Jr., U. S. Atty., Nashville, Tenn., John H. D. Wigger, U. S. Dept. of Justice, Washington, D. C., for defendant United States.

Manny H. Smith, Steven Kazan, Interstate Commerce Commission, Washington, D. C., for defendant I. C. C.

Eugene W. Ward, Gen. Counsel, Tennessee Public Service Commission, Nashville, Tenn., for intervening petitioner Dept. Tenn. Public Serv. Comm.

Walter Harwood, Nashville, Tenn., James L. Bomar, Jr., Shelbyville, Tenn., for intervening defendant Shelbyville Express, Inc.

Before PHILLIPS, Circuit Judge, MILLER, Chief District Judge, and GRAY, District Judge.

PHILLIPS, Circuit Judge.

This is an action to enjoin, annul and set aside an order of the Interstate Commerce Commission (ICC) granting a certificate of registration to Shelbyville Express, Inc., intervening defendant.

Shelbyville Express operates between Nashville, Tennessee, and Shelbyville, Tennessee, a distance of fifty-two miles. On December 1, 1965, it filed an application with the Tennessee Public Service Commission seeking an intrastate certificate...

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