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REDWING CARRIERS, INC. v. UNITED STATES

No. 65-420-Civ-T.

271 F.Supp. 685 (1967)

REDWING CARRIERS, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and McKenzie Tank Lines, Inc., Intervenor.

United States District Court M. D. Florida, Tampa Division.

August 15, 1967.

Attorney(s) appearing for the Case

Hill, Hill & Dickenson, Tampa, Fla., McInnis, Wilson, Munson & Woods, Washington, D. C., for plaintiff.

Schwartz, Proctor & Bolinger, Jacksonville, Fla., Ike K. Hay, Asst. Gen. Counsel, Interstate Commerce Commission, Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., Nicholas deB. Katzenbach, Atty. Gen. of U. S., Washington, D. C., for defendants.

Dan R. Schwartz, Jacksonville, Fla., for intervenor defendant.

Before JONES, Circuit Judge, and LIEB and YOUNG, District Judges.

OPINION

GEORGE C. YOUNG, District Judge:

Plaintiff, Redwing Carriers, Inc., (Redwing), seeks judicial review of an order of the Interstate Commerce Commission granting a certificate of public convenience and necessity to McKenzie Tank Lines, Inc. (McKenzie), to operate in interstate or foreign commerce as a common carrier by motor vehicle, over irregular routes, of phosphate, phosphate products and phosphate by-products in bulk, in tank or hopper vehicles...

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