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VIRGINIA-CAROLINA FREIGHT LINES, INC. v. U. S.

Civ. A. No. 74-29.

411 F.Supp. 356 (1976)

VIRGINIA-CAROLINA FREIGHT LINES, INC., and Merit Transport Corporation v. UNITED STATES of America and Interstate Commerce Commission, Pilot Freight Carriers, Inc., Carolina Freight Carriers Corporation.

United States District Court, W. D. Virginia, Roanoke Division.

March 19, 1976.

Attorney(s) appearing for the Case

Francis W. McInerny, MacDonald & McInerny, Washington, D. C., G. Marshall Mundy, Roanoke, Va., for plaintiffs.

Lloyd John Osborn, Interstate Commerce Com'n, Washington, D. C., for I.C.C.

John H. D. Wigger, Dept. of Justice, Washington, D. C., Leigh B. Hanes, Jr., U. S. Atty., Roanoke, Va., for the United States.

William F. King, Alexandria, Va., for Pilot Freight Carriers, Inc.

R. Roy Rush, Roanoke, Va., James E. Wilson, Washington, D. C., Jon F. Hollengreen, Washington, D. C., for Carolina Freight Carriers.

Before WIDENER, Circuit Judge, TURK, Chief District Judge, and DALTON, District Judge.

OPINION and ORDER

TURK, Chief District Judge.

This case is before this three-judge district court pursuant to 28 U.S.C. §§ 2321-and 2325 and 49 U.S.C. § 17(9) and § 305(g) and (h) to enjoin orders of the Interstate Commerce Commission (ICC) which denied the joint application of Virginia-Carolina Freight Lines, Inc. (Virginia-Carolina) and Merit Transport Corporation (Merit) for Virginia-Carolina to purchase the operating authority of...

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