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FROZEN FOODS EXPRESS v. UNITED STATES

Civ. A. Nos. 3-1170, 3-1558.

280 F.Supp. 661 (1968)

FROZEN FOODS EXPRESS v. UNITED STATES of America and Interstate Commerce Commission. TRANS-COLD EXPRESS v. UNITED STATES of America and Interstate Commerce Commission.

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

February 27, 1968.

Attorney(s) appearing for the Case

Phinney, Hallman, Pulley & Livingstone, Wm. E. Livingstone, III, Dallas, Tex., for plaintiffs.

Donald F. Turner, Asst. Atty. Gen., Melvin M. Diggs, U. S. Atty., Dallas, Tex., Joe F. Nowlin, Atty., Dept. of Justice, for the United States.

Robert W. Ginnane, Gen. Counsel, Betty Jo Christian, Atty., I.C.C., Washington, D. C., for I.C.C.

Before THORNBERRY, Circuit Judge, ESTES, Chief District Judge, and TAYLOR, District Judge.

OPINION

WILLIAM M. TAYLOR, Jr., District Judge.

This is a consolidated appeal by two motor carriers in which they seek to set aside and enjoin orders of the Interstate Commerce Commission entered on their repective applications for operating authority under the grandfather clause of the agricultural exemption provisions of the Interstate Commerce Act. 49 U.S.C. § 303. For the reasons hereafter set forth, the Commission's order in the Trans-Cold application...

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