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MERCURY MOTOR EXPRESS, INC. v. UNITED STATES

No. 71-329-Civ. T.

343 F.Supp. 516 (1972)

MERCURY MOTOR EXPRESS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

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

May 15, 1972.

Attorney(s) appearing for the Case

Gregory A. Presnell, of Akerman, Senterfitt, Eidson & Wharton, Orlando, Fla., for plaintiff.

Raymond M. Zimmet, Interstate Commerce Commission, Washington, D. C., John L. Briggs, U. S. Atty., Jacksonville, Fla., for defendants.

John M. Musselman, Rhoades, Sinon & Reader, Harrisburg, Pa. (Attorney for Intervenor, P. L. Lawton, Inc.).

Before RONEY, Circuit Judge, KRENTZMAN and HODGES, District Judges.

OPINION AND JUDGMENT

HODGES, District Judge.

The plaintiff (Mercury Motor) seeks reversal of certain orders entered by the Interstate Commerce Commission in its Docket No. MC-128762 (Sub. No. 2).1 The Commission rejected Mercury's petition to re-open that proceeding and modify an earlier order granting certain authority to the intervenor, P. L. Lawton, Inc., as a contract motor carrier. We reverse and remand for a hearing and...

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