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DIXIE HIGHWAY EXPRESS, INC. v. UNITED STATES

Civ. A. No. 1273.

287 F.Supp. 473 (1968)

DIXIE HIGHWAY EXPRESS, INC., et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court S. D. Mississippi, E. D.

June 14, 1968.

Attorney(s) appearing for the Case

Phineas Stevens, Butler, Snow, O'Mara, Stevens & Cannada, Jackson Miss., Robert E. Joyner, Wrape & Hernly, Memphis, Tenn., R. J. Reynolds, Jr., Reynolds & Reynolds, Atlanta, Ga., Ed White, Chicago, Ill., Dudley W. Conner, Hattiesburg, Miss., for plaintiffs.

Robert E. Hauberg, U. S. Atty., Jackson, Miss., M. Ward Bailey, Tom S. Christopher, Fort Worth, Tex., Rubel L. Phillips, Jackson, Miss., for defendants.

Before WISDOM and GRIFFIN B. BELL, Circuit Judges and WILLIAM HAROLD COX, District Judge.

PER CURIAM:

This case is again before the Court on motion of the plaintiffs for a summary judgment and on motion of the defendants to dismiss pursuant to a reversal and remand by the Supreme Court1 of the former order herein. The action of the Commission in granting the franchise under the facts and circumstances previously stated seems to have created the greatest problem with respect to the franchise of Roadway and Mercury which were...

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