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BLUE RIDGE TRANSFER COMPANY v. UNITED STATES

Civ. A. No. 67-C-78-R.

283 F.Supp. 858 (1968)

BLUE RIDGE TRANSFER COMPANY, Inc., Hemingway Transport, Inc., Roy Stone Transfer Corporation, Virginia-Carolina Freight Lines, Inc., and Wilson Trucking Corporation, Plaintiffs, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Colonial Motor Freight Line, Inc., Intervening Defendant.

United States District Court W. D. Virginia, Roanoke Division.

April 12, 1968.

Attorney(s) appearing for the Case

Linwood Holton, Eggleston, Holton, Butler & Glenn, Roanoke, Va., John C. Bradley, Richard R. Sigmon, Rice, Carpenter & Carraway, Washington, D. C., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., Thomas B. Mason, U. S. Atty., Roanoke, Va., for the United States.

Robert W. Ginnane, Gen. Counsel, John E. Faulk, Atty., Interstate Commerce Commission, Washington, D. C., for Interstate Commerce Commission.

E. Griffith Dodson, Jr., Dodson, Pence, Coulter, Viar & Young, Roanoke, Va., Harry C. Ames, Jr., Wilmer A. Hill, Ames, Hill & Ames, Washington, D. C., for Colonial Motor Freight Line, Inc.

Before Butzer, Circuit Judge, Barksdale, Senior Judge, and Merhige, District Judge.

BUTZNER, Circuit Judge:

The Interstate Commerce Commission approved the purchase by Colonial Motor Freight Line, Inc., of a portion of the motor carrier operating rights issued to the Bruce Johnson Trucking Company, Inc., and the acquisition of control of the operating rights.1 The plaintiffs, competing carriers, assert that the Commission's approval lacks substantial supporting evidence and that it does not accord with the provisions...

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