HOUFF TRANSFER, INCORPORATED, Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
Akers Motor Lines, Inc., Carolina Freight Carriers Corporation, Central Motor Lines, Inc., Johnson Motor Lines, Inc., Mercury Motor Express, Inc., Pilot Freight Carriers, Inc., and R. C. Motor Lines, Inc., Bell Lines, Inc., and McLean Trucking Company, Overnite Transportation Company, and Jones Motor Co., Inc., Intervening Defendants.
United States District Court W. D. Virginia, Harrisonburg Division.https://leagle.com/images/logo.png
November 1, 1968.
November 1, 1968.
Attorney(s) appearing for the Case
Curry Carter, Staunton, Va., Wrape & Hernly, Washington, D. C., for plaintiff.
Thomas B. Mason, U. S. Atty., Roanoke, Va., Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, Washington, D. C., for the United States.
Robert W. Ginnane, Gen. Counsel, Steven Kazan, Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.
E. Griffith Dodson, Jr., Dodson, Pence, Coulter, Viar & Young, Roanoke, Va., James E. Wilson, Jon F. Hollengreen, McInnis, Wilson, Munson & Woods, Washington, D. C., for Akers Motor Lines, Inc., Carolina Freight Carriers Corp., Central Motor Lines, Inc., Johnson Motor Lines, Inc., Mercury Motor Exp. Inc., Pilot Freight Carriers, Inc., and R. C. Motor Lines, Inc.
E. Griffith Dodson, Jr., Dodson, Pence, Coulter, Viar & Young, Roanoke, Va., James W. Lawson, MacDonald & McInerny, Washington, D. C., for Bell Lines, Inc., and McLean Trucking Co.
E. Griffith Dodson, Jr., Dodson, Pence, Coulter, Viar & Young, Roanoke, Va., W. T. Croft, J. G. Dail, Jr., Washington, D. C., for Overnite Transp. Co. and Jones Motor Co., Inc.
Before BUTZNER, Circuit Judge, DALTON, Chief Judge, and MERHIGE, District Judge.
United States District Court W. D. Virginia, Harrisonburg Division.
BUTZNER, Circuit Judge:
Houff Transfer, Inc., sues to set aside a portion of a report and order of the Interstate Commerce Commission which denied it authority to purchase the operating rights of Boward Truck Line, Inc., in North Carolina and South Carolina.1 We hold that the Commission's order was warranted in law and fact, and accordingly we dismiss Houff's complaint.
Both Boward and Houff are authorized to operate as motor carriers...
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