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RYDER TRUCK LINES, INC. v. UNITED STATES

Nos. 69-253-Civ-J, 69-389-Civ-J.

308 F.Supp. 341 (1969)

RYDER TRUCK LINES, INC., and Harris Express, Inc., Plaintiffs, v. The UNITED STATES of America, and the Interstate Commerce Commission, Defendants. The Southern Traffic League, Inc., the American Textile Manufacturers Institute, Inc., the North Carolina Textile Manufacturers Association, Inc., the South Carolina Textile Manufacturers Association, Inc., the Traffic Department and the Georgia-Alabama Textile Traffic Association, Inc., Intervenors. RYDER TRUCK LINES, INC., Plaintiff, v. The UNITED STATES of America, and the Interstate Commerce Commission, Defendants. The Georgia-Alabama Textile Traffic Association, Inc., and Carpet and Rug Institute (Successor in Interest to Tufted Textile Manufacturers Association), Intervenors.

United States District Court M. D. Florida, Jacksonville Division.

December 4, 1969.

Attorney(s) appearing for the Case

Norman Bolinger, Dan R. Schwartz, Jacksonville, Fla., Dennis J. Taylor, J. Elliott Bunce, John S. Fessenden, Washington, D. C., Rice, Carpenter & Carraway, Washington, D. C., for plaintiffs.

John H. D. Wigger, Atty., U. S. Dept. of Justice, Washington, D. C., John L. Briggs, U. S. Atty., Jacksonville, Fla., Fritz R. Kahn, Acting General Counsel, and Nahum Litt, Atty., Interstate Commerce Commission, Washington, D. C., for the U. S. A. and I. C. C.

James M. Jones, Jr., and L. O. Kimberly, Jr., Atlanta, Ga., Paul P. Watkins, Atlanta, Ga., for intervenors.

Before CARSWELL, Circuit Judge, and McRAE and SCOTT, District Judges.

PER CURIAM:

In these actions, combined for one hearing, the plaintiffs seek to set aside two separate orders of the Interstate Commerce Commission denying the plaintiffs' requests for increased charges. In the "Pick-Up Charge" case, No. 69-253-Civ-J, the plaintiffs seek to assess, in addition to current freight charges, a pick-up charge of 50 cents per 100 pounds on all single shipments where the applicable freight charges, exclusive of the pick-up charge, are less...

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