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HOWARD HALL COMPANY v. UNITED STATES

Civ. A. No. 70-626.

332 F.Supp. 1076 (1971)

HOWARD HALL COMPANY, Inc., Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, Cooper Transfer Company, Inc., Intervening Defendant.

United States District Court, N. D. Alabama, M. D.

October 15, 1971.

Attorney(s) appearing for the Case

John P. Carlton, of Bishop & Carlton, Birmingham, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., and Henry I. Frohsin, Asst. U. S. Atty., Birmingham, Ala., John H. D. Wigger, Antitrust Div., U. S. Dept. of Justice, A. Alvis Layne, Washington, D. C., J. Douglas Harris, Montgomey, Ala., Fritz R. Kahn, Gen. Counsel, and Arthur M. Toback, Atty., I. C. C., Washington, D. C., for defendants.

Before RIVES, Circuit Judge, and GROOMS and POINTER, District Judges.

MEMORANDUM OF OPINION AND ORDER

POINTER, District Judge.

Cooper-Transfer Co., Inc. (hereinafter referred to as Cooper) applied for a certificate of public convenience and necessity under Section 207 of the Interstate Commerce Act1 to transport general commodities between Jacksonville, Florida and Thomasville, Georgia. The application2 indicated that Cooper intended to "tack" the authority sought with...

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