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FLOYD & BEASLEY TRANSFER COMPANY v. UNITED STATES

No. 71-444.

336 F.Supp. 74 (1971)

FLOYD & BEASLEY TRANSFER COMPANY, Inc., a corporation, Plaintiff, v. UNITED STATES of America and The Interstate Commerce Commission, Defendants, v. BOWMAN TRANSPORTATION, INC., et al., Intervening Defendants.

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

October 21, 1971.

Attorney(s) appearing for the Case

Wm. J. Kenney—Maguire, Lucey, Kenney & Hurley, Washington, D. C., D. Harry Markstein, Jr.,—Markstein & Morris, Birmingham, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Charles H. White, Jr., Washington, D. C., Atty. for I. C. C., Bishop & Carlton, Birmingham, Ala., Hansell, Post, Brandon & Dorsey, Atlanta, Ga., A. W. Jones, Birmingham, Ala., Drew L. Carraway, Washington, D. C., for defendants.

Before GEWIN, Circuit Judge, and LYNNE and McFADDEN, District Judges.

PER CURIAM.

This is an action seeking to enjoin, annul, suspend, and set aside the final order of the defendant Interstate Commerce Commission in its Docket No. MC-18088 (Sub. 47), captioned Floyd & Beasley Transfer Company, Inc., Extension —Decatur, Ala., and Escambia and Santa Rosa Counties, Fla. (Sycamore, Alabama), denying Floyd & Beasley's application to render a regular route motor carrier service to and from the Decatur, Alabama, and Escambia...

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