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GAMBLE v. I. C. C.

No. 80-7615.

636 F.2d 1101 (1981)

John GAMBLE et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B.

February 13, 1981.

Attorney(s) appearing for the Case

Alan E. Serby, Atlanta, Ga., for petitioners.

Robert B. Nicholson, Margaret G. Halpern, Dept. of Justice, H. Glenn Scammel, Gen. Counsel, I. C. C., Washington, D. C., for respondents.

Kim D. Mann, Washington, D. C., for intervenors Old Dominion, Deaton and The Mason and Dixon Lines.

Clyde W. Carver, Atlanta, Ga., for intervenor B & P Motor Lines, Inc.

Rudolph L. Ennis, Knoxville, Tenn., for intervenors Colonial Refrigerated Transp., Inc., Colonial Fast Freight, Inc. and Claremont Motor Lines, Inc.

Maurice F. Bishop, Birmingham, Ala., for intervenors Ga.-Fla.-Ala. Trans. Co., Bowman Trans., Floyd & Beasley Transfer, Osborn Trans., Inc., Osborne Truck Line and Hornaday Truck Line.

Keith G. O'Brien, Washington, D. C., for intervenor Int. Broth. of Teamsters, Chauffeurs, etc.

Thomas N. Willess, Washington, D. C., for intervenors East Tex. Motor Freight Lines, Inc., MR & R Trucking, McLean Trucking Co., Mercury Freight Lines, Smith's Transfer Corp. and Wilson Trucking Corp.

Before SIMPSON, RONEY and THOMAS A. CLARK, Circuit Judges.

RONEY, Circuit Judge:

Petitioners seek review of the denial of emergency temporary authority to provide trucking service formerly provided by a carrier which ceased operating. They assert three points: first, the Interstate Commerce Commission (Commission) failed to accord proper attention to the interests of former employees of the defunct carrier; second, it failed to consider the interest of shippers in preserving prior levels of competition; and third, its handling...

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