NORTHERN FREIGHT LINES, INC., et al., Plaintiffs,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants,
and
Railway Express Agency, Inc., Intervenor-Defendant,
and
The National Small Shipments Traffic Conference, Inc.; the Drug and Toilet Preparation Traffic Conference; the Eastern Industrial Traffic League; the American Home Products Corp.; the Norwich Pharmacal Co., and Sterling Drugs, Inc., Intervenors.
United States District Court N. D. Georgia, Atlanta Division.https://leagle.com/images/logo.png
September 8, 1969.
September 8, 1969.
Attorney(s) appearing for the Case
Guy H. Postell, Frank D. Hall, Atlanta, Ga., Peter T. Beardsley, R. Edwin Brady, Albert B. Rosenbaum, Washington, D. C., Donald E. Cross, Bryce Rea, Jr., Washington, D. C., for plaintiffs.
Robert A. Hammond, III, Acting Asst. Atty. Gen., John D. Wigger, Atty., Dept. of Justice, Washington, D. C., John W. Stokes, U. S. Atty., Atlanta, Ga., for the United States.
Robert W. Ginnane, Gen. Counsel, Raymond M. Zimmet, Atty., ICC, Eugene T. Liipfert, William O. Turney, David A. Sutherland, Washington, D. C., David Axelrod, Chicago, Ill., Roland Rice, John S. Fessenden, Richard R. Sigmon, Washington, D. C., for ICC.
John E. Robson, Elroy H. Wolff, Leibman, Williams, Bennett, Baird & Minow, Washington, D. C., Robert C. Boozer, Sanders, Hester, Holley, Ashmore & Boozer, Atlanta, Ga., Arthur M. Wisehart, William H. Marx, New York City, of counsel, for REA.
John J. C. Martin, New York City, Robert C. Boozer, Sanders, Hester, Holley, Ashmore & Boozer, Atlanta, Ga., for remaining intervenors.
Before BELL, Circuit Judge, and EDENFIELD and HOOPER, District Judges.
United States District Court N. D. Georgia, Atlanta Division.
EDENFIELD, District Judge:
The issue before this three-judge district court, constituted under 28 U.S.C. §§ 1336, 2284, 2321-2325, is whether the Interstate Commerce Commission acted within its discretion in concluding that Railway Express Agency should remain outside the terminal area1 limits for motor carriers, set under Part II of the Interstate Commerce Act.
A brief chronology will help establish the posture in which...
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