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CENTRAL MOTOR LINES, INC. v. UNITED STATES

Civ. A. No. 2455.

309 F.Supp. 336 (1969)

CENTRAL MOTOR LINES, INC., Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Carolina Freight Carriers Corporation, Intervening Defendant.

United States District Court W. D. North Carolina, Charlotte Division.

November 10, 1969.

Attorney(s) appearing for the Case

Eugene T. Bost, Jr., Concord, N. C., Nuel D. Belnap, Harold E. Spencer and Daniel J. Sweeney, Swidler & Belnap, Chicago, Ill., for plaintiff.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Joseph R. Cruciani, Asst. U. S. Atty., Charlotte, N. C., for the United States.

Robert W. Ginnane, Gen. Counsel, and Barry Roberts, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

F. A. McCleneghan, McCleneghan, Miller, Creasy & Johnston, Charlotte, N. C., James E. Wilson and Jon F. Hollengreen, McInnis, Wilson, Munson & Woods, Washington, D. C., for Carolina Freight Carriers Corp., intervening defendant.

Before CRAVEN, Circuit Judge, and JONES and McMILLAN, District Judges.

PRELIMINARY SUMMARY

McMILLAN, District Judge:

The Interstate Commerce Commission issued an order approving the purchase by Carolina Freight Carriers Corporation, of Cherryville, North Carolina, of the interstate operating rights of Harry B. Wilson, doing business as Wilson's Motor Transit. The Commission found that allowing Carolina to acquire these rights would be in the public interest. Central Motor Lines, Inc., a competing

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