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NAVAJO FREIGHT LINES, INC. v. UNITED STATES

Civ. No. 8264.

320 F.Supp. 318 (1970)

NAVAJO FREIGHT LINES, INC., Plaintiff, Illinois-California Express, Inc., Plaintiff Intervenor, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Albuquerque Phoenix Express, Inc., Defendant Intervenor.

United States District Court, D. New Mexico.

December 21, 1970.

Attorney(s) appearing for the Case

Jones, Gallegos, Snead & Wertheim, Santa Fe, N. M., Morris G. Cobb, Amarillo, Tex., for plaintiff.

Hannett, Hannett, Cornish & Barnhart, Albuquerque, N. M., for Albuquerque Phoenix Express.

Victor R. Ortega, U. S. Atty., Albuquerque, N. M., John D. Wigger, Dept. of Justice, Washington, D. C., for the United States.

Nahum Litt, Manny H. Smith, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Comm.

Paul F. Sullivan, Washington, D. C., for Albuquerque Phoenix Express.

Before SETH, Circuit Judge, and PAYNE and BRATTON, District Judges.

MEMORANDUM OPINION

PAYNE, District Judge.

This action was brought by Navajo Freight Lines, Inc., (hereinafter referred to as Navajo), to enjoin and set aside certain orders of the Interstate Commerce Commission, (hereinafter referred to as the Commission, or the I.C.C.). This three-judge district court was convened to hear the case in accordance with 28 U.S.C.A. § 2284 (1965).

The Commission issued an order granting temporary authority to the...

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