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R-C MOTOR LINES, INC. v. UNITED STATES

Civ. No. 72-132.

350 F.Supp. 1169 (1972)

R-C MOTOR LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

November 10, 1972.

Attorney(s) appearing for the Case

Lawrence D. Fay, Jacksonville, Fla., for plaintiff.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Walker B. Comegys, Acting Asst. Atty. Gen., John H. D. Wigger, Atty., U. S. Dept. of Justice, Fritz R. Kahn, Gen. Counsel, I. C. C., Charles H. White, Jr., Atty., I. C. C., Washington, D. C., for defendants.

Before SIMPSON, Circuit Judge, and McRAE and SCOTT, District Judges.

OPINION AND ORDER

CHARLES R. SCOTT, District Judge:

Jurisdiction of this three-judge case is founded upon 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325, inclusive, upon 49 U.S.C. § 305(g) and upon 5 U.S.C. § 701. The Interstate Commerce Commission has ruled that R-C Motor Lines, Inc. cannot serve Chesapeake, Virginia, under its existing authority, and plaintiff asks that the Commission's order be set aside.

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