WHITFIELD TRANSPORTATION, INC. v. UNITED STATES

Civ. No. 5637.

254 F.Supp. 852 (1965)

WHITFIELD TRANSPORTATION, INC., a corporation, Plaintiff, and Navajo Freight Lines, Inc., and Santa Fe Trail Transportation Company, Intervening Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Albuquerque-Phoenix Express, Inc., Intervening Defendant, Regular Common Carrier Conference of American Trucking Associations, Inc., American Curiae.

United States District Court D. New Mexico.

April 12, 1965.


Attorney(s) appearing for the Case

O. Russell Jones and J. E. Gallegos, Santa Fe, N. M., for plaintiff and plaintiffs in intervention.

John Quinn, U. S. Atty., Albuquerque, N. M., William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Robert W. Ginnane, Gen. Counsel, Clarence William Vandegrift, Atty., Interstate Commerce Commission, Washington, D. C., for defendants.

Grantham, Spann & Sanchez, Albuquerque, N. M., for intervenor, Albuquerque Phoenix Express.

Rhodes, Simms, Palmes & Sullivan, Washington, D. C., Roland Rice, Washington, D. C., for the Regular Common Carrier Conference of American Trucking Associations, Inc., amicus curiae.

Before SETH, Circuit Judge, PAYNE, Chief Judge, and BRATTON, District Judge.


PER CURIAM.

Findings of Fact

1. This is an action to suspend, enjoin and set aside portions of orders of the defendant, Interstate Commerce Commission (Commission) issued by it in No. MC-110264 (Sub-No. 17) (Albuquerque-Phoenix Express, Inc., Extension-White Sands; the specific orders are the Report of the Commission by Division 1, served on January 23, 1961, and the order denying plaintiff's petition...

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