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ALTERMAN TRANSPORT LINES, INC. v. UNITED STATES

Civ. No. 72-68.

361 F.Supp. 664 (1973)

ALTERMAN TRANSPORT LINES, INC., et al., Plaintiffs, v. UNITED STATES of America, and the Interstate Commerce Commission, Defendants.

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

July 20, 1973.

Attorney(s) appearing for the Case

Gregory A. Presnell and Thomas C. Garwood, Jr., of Akerman, Senterfitt, Eidson & Wharton, Orlando, Fla., for plaintiffs.

L. Agnew Myers, Jr., Washington, D. C., Raymond M. Zimmet, I.C.C., Washington, D. C., John H. D. Wigger, Dept. of Justice, Washington, D. C., Whitaker & Koepke & Asso., Orlando, Fla., for Fla.-Texas Freight and Armellini Exp. Lines Inc.

Wilmer B. Hill, of Ames, Hill & Ames, Washington, D. C., for Armellini Exp. Lines Inc., for defendants.

Before DYER, Circuit Judge, and YOUNG and HODGES, District Judges.

DYER, Circuit Judge:

We are asked by the plaintiffs, pursuant to 28 U.S.C.A. §§ 1336, 1398, 2284 and 2321-2325, to set aside a decision of the Interstate Commerce Commission granting a motor carrier certificate to Armellini Express Lines, issued on October 19, 1971, (operations having been theretofore conducted under temporary authority served November 7, 1967, MC-105636 Sub 27TA) to handle freight forwarder traffic moving from the northeastern section of...

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