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C. I. WHITTEN TRANSFER COMPANY v. UNITED STATES

Civ. A. No. 2759.

328 F.Supp. 1120 (1971)

C. I. WHITTEN TRANSFER COMPANY, Inc. and Baggett Transportation Company, Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and C. E. Lizza, Inc., Intervening Defendant.

United States District Court, S. D. West Virginia, Huntington Division.

July 13, 1971.

Attorney(s) appearing for the Case

Charles F. Dodrill, Dodrill & Dodrill, Huntington, W. Va., Robert E. Joyner, Memphis, Tenn., for plaintiffs.

Leo J. Meisel, Asst. U. S. Atty., Huntington, W. Va., James F. Tao, Dept. of Justice, Washington, D. C., for the Interstate Commerce Commission.

Milton T. Herndon, Campbell, Woods, Bagley, McNeer & Herndon, Huntington, W. Va., Henry M. Wick, Jr., Wick, Vuono & Lavelle, Pittsburgh, Pa. for C. E. Lizza, Inc.

Before BOREMAN, Circuit Judge, and CHRISTIE, and WIDENER, District Judges.

WIDENER, District Judge:

C. E. Lizza, Inc. (Lizza), the intervening defendant and applicant, is a contract motor carrier of Greensburg, Pennsylvania, which has hauled explosives for American Cyanamid and its predecessors for more than 32 years. It has hauled for no other shipper than American Cyanamid, and presently hauls more than 95% of the explosives shipped by American Cyanamid. During the 32-year period it had no accident involving explosives, and American Cyanamid...

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