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McLEAN TRUCKING COMPANY v. UNITED STATES

No. C-209-WS-71.

346 F.Supp. 349 (1972)

McLEAN TRUCKING COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Manning Motor Express, Inc., Intervenor, Defendant.

United States District Court, M. D. North Carolina, Winston-Salem Division.

Decided June 26, 1972.

Attorney(s) appearing for the Case

Claude M. Hamrick, Hamrick, Doughton & Newton, Winston-Salem, N. C., David G. Macdonald, Francis W. McInerny, John Guandolo and Peter A. Fitzpatrick, Macdonald & McInerny, Washington, D. C., for plaintiff.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., William L. Osteen, U. S. Atty., Greensboro, N. C., for the United States.

Fritz R. Kahn, Gen. Counsel, and Raymond M. Zimmet, Atty., I.C.C., Washington, D. C., for the Interstate Commerce Comm.

Walter Harwood, Nashville, Tenn., and Frazier, Frazier & Mahler, Greensboro, N. C., for intervenor, defendant.

Before CRAVEN, Circuit Judge, and DALTON and McMILLAN, District Judges.

McMILLAN, District Judge:

McLean Trucking Company, of Winston-Salem, North Carolina, is a common carrier by motor truck in interstate commerce, operating under certificates of public convenience and necessity issued by the Interstate Commerce Commission. It hauls freight over the highways in large areas of the country and interchanges with over seven hundred other carriers. Manning Motor Express is a smaller motor carrier. Manning connects with McLean at Louisville...

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