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WILLIS SHAW FROZEN EXPRESS, INC. v. UNITED STATES

No. FS-73-C-69.

397 F.Supp. 316 (1975)

WILLIS SHAW FROZEN EXPRESS, INC., and Ballentine Produce, Inc., Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants, and Refrigerated Transport Co., Inc., Intervener-Defendant.

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

July 9, 1975.

Attorney(s) appearing for the Case

Lester M. Bridgeman and Nancy Pyeatt, Bridgeman & Pyeatt, Washington, D. C., James B. Blair and James F. Dickson, Crouch, Blair, Cypert & Waters, Springdale, Ark., for plaintiffs.

Alan E. Serby, Watkins & Daniell, Atlanta, Ga., Don A. Smith, Harper, Young & Smith, Fort Smith, Ark., for intervening defendant.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Robert E. Johnson, U. S. Atty., Fort Smith, Ark., for the U. S.

Kritz R. Kahn, Gen. Counsel, Kenneth G. Caplan, Atty., I.C.C., Washington, D. C., for the I.C.C.

Before WEBSTER, Circuit Judge, WILLIAMS, Chief District Judge, and MILLER, Senior District Judge.

WEBSTER, Circuit Judge.

This is an action to review, enjoin, annul and set aside an order of the Interstate Commerce Commission granting the intervening defendant a certificate of public convenience and necessity authorizing it to transport frozen foods from certain points in Arkansas to other points in eastern, southern and midwestern states and the District of Columbia, subject to certain conditions. Jurisdiction was invoked pursuant to the Interstate Commerce Act...

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