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ARKANSAS-BEST FREIGHT SYSTEM, INC. v. UNITED STATES

No. FS-72-C-65.

350 F.Supp. 539 (1972)

ARKANSAS-BEST FREIGHT SYSTEM, INC., an Arkansas corporation, et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Red Ball Motor Freight, Inc., et al., Intervenors.

United States District Court, W. D. Arkansas, Fort Smith Division.

November 7, 1972.

Attorney(s) appearing for the Case

Harper, Young & Smith, Fort Smith, Ark., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., Robert E. Joyner, Joyner, Goff & Sims, Memphis, Tenn., Robinson, Felts, Starnes & Nations, Austin, Tex., Reeder, Dysart, Sanders & Taylor, Kansas City, Mo., Christopher, Bailey & Taylor, Fort Worth, Tex., Turney & Turney, Rice, Carpenter & Carraway, Washington, D. C., for plaintiffs.

Donald E. Cross, of Rea, Cross, Knebel, Washington, D. C., for Johnson.

Maurice F. Bishop, of Bishop & Carlton, Birmingham, Ala., for Bowman.

Jerry C. Prestridge, of Clark, Thomas, Harris, Denius & Winters, Austin, Tex., for Red Ball.

Courts Oulahan, of Rhyne & Rhyne, Washington, D. C., for Lorch-Westway.

Robert L. Jones, Jr., of Jones, Gilbreath & Jones, Ft. Smith, Ark., local counsel for Johnson, Bowman & Lorch-Westway.

Fritz R. Kahn, Gen. Counsel, Seymour Glanzer, Washington, D. C., for ICC.

Bethel B. Larey, U. S. Atty., Ft. Smith, Ark., for United States.

OPINION

JOHN E. MILLER, Senior District Judge.

The above named plaintiffs filed their complaint herein October 4, 1972, against the above named defendants, praying this court to temporarily restrain and preliminarily enjoin the Interstate Commerce Commission from issuing Certificates of Public Convenience and Necessity in the implementation of its Orders dated December 30, 1971 (Exhibit 1 to the complaint) served January 24, 1972, and dated September 1,...

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