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YOUNGER BROTHERS, INC. v. UNITED STATES

Civ. A. No. 64-H-80.

238 F.Supp. 859 (1965)

YOUNGER BROTHERS, INC., Plaintiff, v. UNITED STATES of America, Interstate Commerce Commission, Robertson Tank Lines, Inc., and Hearin Tank Lines, Inc., Defendants.

United States District Court S. D. Texas, Houston Division.

February 18, 1965.

Attorney(s) appearing for the Case

James Wright, Houston, Tex., Ewell Muse, Jr., Austin, Tex., for plaintiff.

Jack Shepherd, Asst. U. S. Atty., Houston, Tex., Francis A. Silver, Assoc. Gen. Counsel, I.C.C., for Interstate Commerce Commission.

Thomas E. James, Donald O. Baker, Houston, Tex., for motor carriers.

Before BROWN, Circuit Judge, and HANNAY and NOEL, District Judges.

JOHN R. BROWN, Circuit Judge:

This is a proceeding to set aside an order of the Interstate Commerce Commission,1 entered on separate applications of Robertson2 and Hearin.3

The Examiner found in each of the two proceedings that the present and future public convenience and necessity required the operation of applicant as a common carrier of acids and chemicals (not including...

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