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GEORGIA HIGHWAY EXPRESS, INC. v. UNITED STATES

Civ. A. No. 15257.

331 F.Supp. 906 (1971)

GEORGIA HIGHWAY EXPRESS, INC., et al., Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

August 31, 1971.

Attorney(s) appearing for the Case

Bates Block, Hansell, Post, Brandon & Dorsey, Atlanta, Ga., John P. Carlton, Bishop & Carlton, Birmingham, Ala., Robert E. Joyner, Harold G. Hernly, Jr., Wrape & Hernly, Memphis, Tenn., for plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., John W. Stokes, U. S. Atty., Julian M. Longley, Asst. U. S. Atty., Atlanta, Ga., for the United States.

Fritz R. Kahn, Gen. Counsel, Geraldine R. Keyes, Atty., I.C.C., Washington, D. C., for the I.C.C.

Before BELL, Circuit Judge, and HENDERSON and FREEMAN, District Judges.

RICHARD C. FREEMAN, District Judge:

ORDER

STATEMENT OF THE CASE

Georgia Highway Express, Inc. and other carriers seek to set aside a decree of the Interstate Commerce Commission granting a certificate of public convenience and necessity to Dowda Motor Freight, Inc. of Centre, Alabama. The protesting plaintiffs, in addition to Georgia Highway, are Bowman Transportation, Inc. and Baggett Transportation Company. The defendants are the Interstate Commerce...

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