EAST TEXAS MOTOR FREIGHT LINES v. UNITED STATES

No. 78-2448.

593 F.2d 691 (1979)

EAST TEXAS MOTOR FREIGHT LINES, INC. and Red Ball Motor Freight, Inc., Petitioners, Illinois-California Express, Inc., Sundance Freight Lines, Inc., and O. N. C. Freight Systems, Intervening-Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Merchants Fast Motor Lines, Inc., Intervening-Respondent.

United States Court of Appeals, Fifth Circuit.

April 23, 1979.


Attorney(s) appearing for the Case

Ralph W. Pulley, Jr., Dallas, Tex., for petitioners and intervening-petitioner Illinois-California Exp., Inc.

John H. Shenefield, Asst. Atty. Gen., John J. Powers, III, Robert L. Thompson, Attys., Dept. of Justice, Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Assoc. Gen. Counsel, Wayne M. Senville, L. Marie Guillory, Attys., I.C.C., Washington, D.C., for respondents.

Bernard H. English, Fort Worth, Tex., Gerald J. Gallinghouse, New Orleans, La., Jerry Prestridge, Austin, Tex., Everett Hutchinson, Washington, D.C., for intervening-respondent.

Before THORNBERRY, AINSWORTH and MORGAN, Circuit Judges.


THORNBERRY, Circuit Judge:

This is an appeal from a decision by the Interstate Commerce Commission granting Merchants Fast Motor Lines (Merchants) temporary authority to carry commodities from Texas through New Mexico to Arizona.1 A number of carriers,2 protestants before the Commission, prosecute this appeal. They assert that the ICC proceedings did not comport with due process and that the decision was arbitrary...

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