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I. C. C. v. PIEDMONT SALES COMPANY

No. 20733.

330 F.2d 351 (1964)

INTERSTATE COMMERCE COMMISSION, Appellant, v. PIEDMONT SALES COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 31, 1964.

Attorney(s) appearing for the Case

Bernard A. Gould, Atty., I.C.C., Washington, D. C., Nicholas P. Mauro, Regional Atty., I.C.C., Raymond A. Cunningham, Atty., I.C.C., Atlanta, Ga., for appellant.

Joe K. Telford, John N. Crudup, Gainesville, Ga., for appellees.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the Northern District of Georgia denying an injunction against appellees. The complaint filed by the Interstate Commerce Commission was based on the premise that Piedmont, a "for hire carrier" of agricultural or exempt commodities used its trucks on return trips from various parts of the United States to haul non-exempt commodities. The device used was a trip-lease arrangement whereby...

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