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BRASWELL MOTOR FREIGHT LINES, INC. v. UNITED STATES

Civ. A. No. 67-29-A.

271 F.Supp. 906 (1967)

BRASWELL MOTOR FREIGHT LINES, INC., et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court W. D. Texas, Austin Division.

July 31, 1967.

Attorney(s) appearing for the Case

Clark, Thomas, Harris, Denius & Winters, Phillip Robinson, James, Robinson, Felts & Starnes, Austin, Tex., Morris G. Cobb, Amarillo, Tex., for plaintiffs.

Ernest Morgan, U. S. Atty., San Antonio, Tex., Fritz R. Kahn, Chief, Section of Litigation, Office of Gen. Counsel, I. C. C., Washington, D. C., W. D. Benson, Jr., Lubbock, Tex., for defendants.

Before THORNBERRY, Circuit Judge, SPEARS, Chief Judge, and ROBERTS, District Judge.

OPINION

SPEARS, Chief Judge:

This is an action to enjoin, annul and set aside a decision and order of the Interstate Commerce Commission which granted to Whitfield Transportation, Inc., a Certificate of Public Convenience and Necessity authorizing the conduct of certain motor carrier operations under the Interstate Commerce Act. 49 U.S.C. § 307(a). Since we are satisfied that the decision made and the procedures followed in this case were consistent...

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