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BOWMAN TRANSPORTATION, INC. v. UNITED STATES

Civ. A. No. 69-288.

308 F.Supp. 1342 (1970)

BOWMAN TRANSPORTATION, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and Mercury Freight Lines, Inc., and Sam N. Cole, d/b/a Alabama-Georgia Express, Intervening Defendants.

United States District Court, N. D. Alabama, M. D.

January 21, 1970.

Attorney(s) appearing for the Case

John P. Carlton, Bishop & Carlton, Birmingham, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., Northern District of Alabama, Birmingham, Ala., Raymond M. Zimmet, Atty., Interstate Commerce Commission, John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendants.

A. W. Jones, Birmingham, Ala., John S. Fessenden, Drew L. Carraway, Washington, D. C., for intervening defendants.

Before RIVES, Circuit Judge, and LYNNE and ALLGOOD, District Judges.

OPINION OF THE COURT

ALLGOOD, District Judge.

On October 23, 1967, Mercury Freight Lines, Inc., (Mercury) of Mobile, Alabama, and Sam N. Cole of Birmingham, Alabama, doing business as Alabama-Georgia Express (AGE) filed an application with the Interstate Commerce Commission (ICC) seeking authority under Section 5(2) of the Interstate Commerce Act [49 U.S.C. § 5(2)] for Mercury to purchase a portion of AGE's regular and corresponding irregular operating...

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