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JONES TRUCK LINES, INC. v. UNITED STATES

No. F 70-C-12.

321 F.Supp. 821 (1971)

JONES TRUCK LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Beaufort Transfer Co., Intervening Defendant.

United States District Court, W. D. Arkansas, Fayetteville Division.

January 6, 1971.

Attorney(s) appearing for the Case

James B. Blair, Crouch, Blair, Cypert & Waters, Springdale, Ark., for plaintiff.

Bethel B. Larey, U. S. Atty., Fort Smith, Ark., for the United States.

Peter A. Fitzpatrick, Atty., Washington D. C., for I.C.C.

Lynn F. Wade, Fayetteville, Ark., for intervening defendant.

Before MEHAFFY, Circuit Judge, HARRIS, Chief District Judge, and WILLIAMS, District Judge.

MEMORANDUM OPINION

OREN HARRIS, Chief District Judge.

This litigious proceeding presents a threshold question of first impression with respect to the construction and application of section 205(a) of the Motor Carrier Act of 1935, as amended, Part II of the Interstate Commerce Act, 49 U.S. C.A. § 305(a).

The action arises upon the complaint of the plaintiff, Jones Truck Lines, Inc., for review of administrative action of the Interstate Commerce...

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