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ALABAMA HIGHWAY EXPRESS, INC. v. UNITED STATES

Civ. A. No. 65-112.

241 F.Supp. 290 (1965)

ALABAMA HIGHWAY EXPRESS, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Deaton Truck Line, Inc., Intervening Defendant.

United States District Court N. D. Alabama, S. D.

May 21, 1965.

Attorney(s) appearing for the Case

Maurice F. Bishop and John P. Carlton, Bishop & Carlton, Birmingham, Ala., and James W. Wrape and Robert E. Joyner, Wrape & Hernley, Memphis, Tenn., and Washington, D. C., for plaintiffs.

William H. Orrick, Jr., Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Macon L. Weaver, U. S. Atty., Birmingham, Ala., for defendant United States.

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

Mark L. Taliaferro, Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., and A. Alvis Layne and William A. Chesnutt, Washington, D. C., for intervening defendant Deaton Truck Line.

Before GEWIN, Circuit Judge, and LYNNE and GROOMS, District Judges.

LYNNE, District Judge.

Proceeding under 28 U.S.C.A. §§ 1336, 1398, 2284, and 2321-2325 and 5 U.S.C.A. § 1009, plaintiffs, six common carriers by motor vehicle, brought this action against the Interstate Commerce Commission (Commission) and the United States1 to set aside an order of the Commission, which became administratively final on January 25, 1965, approving the joint application of Deaton Truck Line, Inc.

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