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C & H TRANSPORTATION COMPANY v. UNITED STATES

Civ. A. No. 3-789.

249 F.Supp. 97 (1965)

C & H TRANSPORTATION COMPANY, Inc., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court N. D. Texas, Dallas Division.

December 10, 1965.

Attorney(s) appearing for the Case

William P. Fonville, Dallas, Tex., W. T. Brunson, Oklahoma City, Okl., for plaintiff.

Nicholas deB. Katzenbach, U. S. Atty. Gen., Washington, D. C., by William H. Orrick, Jr., Asst. Atty. Gen., John H. D. Wigger, Washington, D. C., Melvin M. Diggs, U. S. Atty., Dallas, Tex., by Charles D. Cabaniss, Asst. U. S. Atty., Robert Ginnane, Gen. Counsel, I. K. Hay, Associate Gen. Counsel, Leonard S. Goodman, Asst. Gen. Counsel, I. C. C., Washington, D. C., for defendants.

Thomas E. James, Phillip Robinson, James, Robinson & Starnes, Austin, Tex., Carl L. Phinney, Leroy Hallman, Phinney, Hallman & Pulley, Joseph M. Stuhl, Wise & Stuhl, Dallas, Tex., for intervenors.

Before BROWN, Circuit Judge, and DAVIDSON, and HUGHES, District Judges.

HUGHES, District Judge.

The question presented in this action is whether the order of the Interstate Commerce Commission denying plaintiff C & H Transportation Company authority to acquire certain rights from another motor carrier on the grounds that the rights in question have been found to be dormant and that no public need for their reactivation exists is supported by substantial evidence in the record before the Commission.

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