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T.I.M.E.-DC, INC. v. UNITED STATES

No. CA-5-942.

352 F.Supp. 1238 (1972)

T.I.M.E.-DC, INC., Plaintiff, v. The UNITED STATES of America and Interstate Commerce Commission, Defendants, and Georgia Chapter of the Local and Short Haul Carriers National Conference of the American Trucking Associations, Inc., et al., Intervening Defendants.

United States District Court, N. D. Texas, Lubbock Division.

New Trial Denied August 4, 1972.

Attorney(s) appearing for the Case

Frank M. Garrison, Lubbock, Tex., Bryce Rea, Jr., of Rea, Cross & Knebel, Washington, D. C., for plaintiff.

Stephen Rubin, John H. D. Wigger, Department of Justice, Washington, D. C., Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., Willis T. Taylor, Asst. U. S. Atty., Lubbock, Tex., Hanford O'Hara, Fritz R. Kahn, Washington, D. C., for ICC.

Paul P. Watkins, Atlanta, Ga., for intervening defendants Georgia-Alabama Textile Traffic Assn., Inc., and Carpet and Rug Institute.

Archie B. Culbreth, Atlanta, Ga., for intervening defendant Georgia Chapter of Local and Short Haul Carriers National Conference of American Trucking Associations, Inc.

Before THORNBERRY, Circuit Judge, and WOODWARD and HILL, District Judges.

WOODWARD, District Judge:

Plaintiff T.I.M.E.-DC, Inc. (TIME), is a motor carrier providing transportation of property and merchandise throughout the southern and southeastern United States under certificates of authority from the Interstate Commerce Commission (ICC). Some years ago, TIME, as an additional customer service, voluntarily entered into and published through-route and joint-rate agreements with other motor carriers in order to provide more effective and...

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