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PROFESSIONAL DRIVER SERVICES, INC. v. I. C. C.

Civ. A. No. 7053.

376 F.Supp. 536 (1974)

PROFESSIONAL DRIVER SERVICES, INC., Plaintiff, v. INTERSTATE COMMERCE COMMISSION and United States of America, Defendants.

United States District Court, M. D. Tennessee, Nashville Division.

March 8, 1974.

Attorney(s) appearing for the Case

Maxwell A. Howell, Washington, D. C., Walter Harwood, Robert L. Baker, Nashville, Tenn., for plaintiff.

James F. Tao, James K. Kurth, I. C. C., Washington, D. C., Charles H. Anderson, U. S. Atty., Nashville, Tenn., for defendants.

James Clarence Evans, Nashville, Tenn., Albert F. Beasley, Washington, D. C., for intervenors Dallas & Mavis Forwarding Co., Dealers Transit, Inc., Insured Transporters, Inc., Kenosha Auto Transport Corp. and Howard Sober, Inc.

James Clarence Evans, Nashville, Tenn., K. Edward Wolcott, Atlanta, Ga., for intervenor Motor Convoy, Inc.

James Clarence Evans, Nashville, Tenn., Eugene C. Ewald, Detroit, Mich., for intervenors Automobile Transport, Inc. and National Automobile Transporters Assn.

Before PHILLIPS, Circuit Judge, GRAY, Chief Judge, and MORTON, District Judge.

PER CURIAM.

This is an action to review an order of the Interstate Commerce Commission (ICC) entered August 9, 1972, in the case of Professional Driver Services, Inc., Common Carrier Application, No. MC-135812. The ICC's order denied plaintiff's motion to dismiss its application for a certificate of convenience and necessity filed pursuant to 49 U.S.C. § 307, and denied the application.

Plaintiff is a Tennessee corporation organized in 1969. Its president...

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