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HERRIN TRANSPORTATION CO. v. UNITED STATES

C. A. No. 13622.

297 F.Supp. 529 (1969)

HERRIN TRANSPORTATION CO., et al., Plaintiffs, Central Freight Lines and East Texas Motor Freight Lines, Inc., Intervening Plaintiffs, v. The UNITED STATES of America, Interstate Commerce Commission, and Mercury Freight Lines, Inc., Defendants.

United States District Court S. D. Texas, Houston Division.

March 19, 1969.

Attorney(s) appearing for the Case

James Robinson & Starnes, Phillip J. Robinson, Austin, Tex., and Baker, Heard, Elledge & Watkins, A. J. Watkins, Houston, Tex., for intervenors. Central Freight Lines, Inc. and East Texas Motor Freight Lines, Inc.

Anthony J. P. Farris, William B. Butler, Houston, Tex., and William H. Orrick, Jr., Asst. Atty. Gen., Dept. of Justice, Washington D. C., for the United States.

Arthur J. Cerra, I.C.C., Washington, D. C., for the Interstate Commerce Commission.

Rice, Carpenter & Carraway, Drew L. Carraway, Washington, D. C., and Jo E. Shaw, Houston, Tex., for Mercury Freight Lines, Inc.

Before JOHN R. BROWN, Circuit Judge, and HANNAY and INGRAHAM, District Judges.

HANNAY, District Judge:

This case now urged forward alone by intervening plaintiffs constitutes the remains of a multiple party challenge to certificates of public convenience and necessity granted by the Interstate Commerce Commission, Title 49 U.S.C.A. Section 307(a), the I.C.C. Act, Section 207(a), which were thereafter subjected to review by a statutory three-judge court under the authority of Title 28 U.S. C.A. Sections 1336, 1398, 2284, 2321-2325, and Title...

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