UNITED TRANSPORTS, INC. v. UNITED STATES

Civ. No. 65-119.† *

245 F.Supp. 570 (1965)

UNITED TRANSPORTS, INC., and Clark Transport Company, Plaintiffs, v. UNITED STATES of America and The Interstate Commerce Commission, Defendants, and Kenosha Auto Transport Corporation, Intervening Defendant.

United States District Court W. D. Oklahoma.

Restraining Order and Order Consolidating Cases Filed October 5, 1965.


Attorney(s) appearing for the Case

James W. Wrape and Robert E. Joyner, Memphis, Tenn., Wrape & Hernley, Memphis, Tenn., and Washington, D. C., and Larry Hartzog, Oklahoma City, Okl., for plaintiff United Transports, Inc.

Clay R. Moore and Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, Minn., for plaintiff Clark Transport Co.

A. Paul Murrah and Mosteller, Andrews & Mosburg, Oklahoma City, Okl., for plaintiff United Transports, Inc. and Auto Convoy Co., intervening plaintiff.

Reagan Sayers and Rawlings, Sayers, Scurlock & Eidson, Fort Worth, Tex., for intervening plaintiff Auto Convoy Co.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Attorney, Department of Justice, and B. Andrew Potter, U. S. Atty., for the United States of America.

Robert W. Ginnane, General Counsel, and Robert S. Burk, Washington, D. C., for Interstate Commerce Commission.

W. T. Brunson and Charles D. Dudley, Oklahoma City, Okl., and Paul F. Sullivan, Washington, D. C., for intervening defendant Kenosha Auto Transport Corp.

Donald W. Smith, and Smith & Smith, Indianapolis, Ind., for intervening defendant Commercial Carriers, Inc.

Before PICKETT, Circuit Judge, and BOHANON and LANGLEY, District Judges.


LANGLEY, District Judge.

This is an action to set aside an order of the Interstate Commerce Commission.

The record before the Commission at the time the order complained of was issued has been introduced in this proceedings and is the only evidence before the court. From this record it appears that Kenosha Auto Transport Corporation, of Kenosha, Wisconsin, is the holder of Certificates of Public Convenience and Necessity under which it is authorized to transport...

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