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ESTES EXPRESS LINES v. UNITED STATES

Civ. A. No. 4821-A.

292 F.Supp. 842 (1968)

ESTES EXPRESS LINES et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Railway Express Agency, Incorporated, Intervenor Defendant.

United States District Court E. D. Virginia, Alexandria Division.

Decided November 13, 1968.

Attorney(s) appearing for the Case

Francis W. McInerny, Harry J. Jordan, MacDonald & McInerny, Washington, D. C., Linwood C. Major, Jr., Major, Sage, Vance & King, Alexandria, Va., for plaintiffs.

C. Vernon Spratley, Jr., U. S. Atty., Alexandria, Va., Edwin M. Zimmerman, Asst. Atty. Gen., Gregory B. Hovendon, Dept. of Justice, Washington, D. C., for the United States.

Robert W. Ginnane, Gen. Counsel, Raymond M. Zimmet, I. C. C., Washington, D. C., for the I. C. C.

H. Merrill Pasco, Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., John C. Ashton, Jr., William H. Marx, New York City, for Railway Express Agency, Inc.

Before BUTZNER, Circuit Judge, and LEWIS and KELLAM, District Judges.

BUTZNER, Circuit Judge:

The plaintiffs, motor carriers, seek to annul orders of the Interstate Commerce Commission granting the Railway Express Agency, Inc., temporary authority to operate as a motor carrier over regular routes transporting general commodities in express service between Washington, D. C., and Richmond, Virginia, including several intermediate off-route points.1 Finding the Commission did not abuse its discretion, we dismiss...

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