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COPE v. UNITED STATES

Civ. No. 2110.

222 F.Supp. 596 (1963)

James C. COPE d/b/a Cope Trucking Company, Plaintiff, v. UNITED STATES of America, Defendant, and Interstate Commerce Commission, E. T. & W. N. C. Transportation Co., Inc., Mason & Dixon Lines, Inc., and Dance Motor Lines, Inc., Intervening Defendants.

United States District Court W. D. North Carolina, Asheville Division.

Decided October 18, 1963.

Attorney(s) appearing for the Case

Francis W. McInerny, Macdonald & McInerny, Washington, D. C., and Herbert L. Hyde, VanWinkle, Walton, Buck & Wall, Asheville, N. C., for plaintiff.

William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and William Medford, U. S. Atty., Asheville, N. C., for defendant the United States.

Robert W. Ginnane, Gen. Counsel of Interstate Commerce Commission, and Robert S. Burk, Atty., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

James H. Epps, Jr., Epps, Powell, Weller, Taylor & Miller, Johnson City, Tenn., for defendant ET & WNC Transp. Co.

Frank K. Moore, Sanders & Moore, Kingsport, Tenn., for defendant Mason & Dixon Lines, Inc.

Fred F. Bradley, McChesney & Kinker, Frankfort, Ky., for defendant Dance Freight Lines, Inc.

Before BELL, Circuit Judge, and CRAVEN and WARLICK, District Judges.

CRAVEN, District Judge.

The problems in this case arise from proceedings before the Interstate Commerce Commission involving Cope Trucking Company's purchase of Swain Motor Freight Line, along with the latter's operating rights and determination of the manner in which the operating rights of the two companies could be combined.

At the time this proceeding was instituted, the respective authorized operating authorities of Swain and Cope were as follows:

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