BRASWELL MOTOR FREIGHT LINES v. UNITED STATES

Civ. A. No. 5-368.

274 F.Supp. 674 (1967)

BRASWELL MOTOR FREIGHT LINES et al. v. UNITED STATES of America and Interstate Commerce Commission.

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

September 27, 1967.


Attorney(s) appearing for the Case

W. D. Benson, Jr., Frank Garrison, Lubbock, Tex., Morris G. Cobb, Amarillo, Tex., Phillip Robinson, Mert Starnes, James, Robinson, Felts & Starnes, Austin, Tex., Tom L. Farmer, Thomas A. Loose, Atty., Texas & P. Ry. Co., Dallas, Tex., for plaintiffs.

John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Fort Worth, Tex., for defendant United States.

Robert W. Ginnane, Gen. Counsel, Raymond M. Zimmet, Atty., I. C. C., Washington, D. C., for defendant Interstate Commerce Commission.

Waggoner Carr, Key, Carr, Carr & Clark, Lubbock, Tex., Paul F. Sullivan, Kilroy & Sullivan, Washington, D. C., Ewell H. Muse, Jr., Austin, Tex., for intervening defendant, Albuquerque Phoenix Express, Inc.

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


WILLIAM M. TAYLOR, Jr., District Judge:

This is an action by nine motor and rail carriers1 to set aside a certificate of public convenience and necessity issued under § 207(a) of the ICC Act, 49 U.S.C.A. § 307(a), authorizing Albuquerque-Phoenix Express, Inc. to operate as a motor carrier between Roswell, New Mexico and Hobbs, New Mexico, and to set aside an order issued pursuant to § 5 of the ICC Act, 49 U.S.C.A. §...

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