MOBILE HOME EXPRESS, LTD., Plaintiff,
v.
UNITED STATES of America and Interstate Commerce Commission, Defendants, and National Trailer Convoy, Inc. and Morgan Drive Away, Inc., Intervening-Defendants.
United States District Court, W. D. Oklahoma.https://leagle.com/images/logo.png
January 26, 1973.
January 26, 1973.
Attorney(s) appearing for the Case
David D. Brunson, Oklahoma City, Okl. (R. L. Dugger of Brunson & Brunson, Oklahoma City, Okl., on the brief), for plaintiff Mobile Home Express, Ltd.
Lee A. Rau, Atty., Dept. of Justice, Washington, D. C., and Jerry Cord Wilson, Asst. U. S. Atty., Oklahoma City, Okl. (Richard W. McLaren, Asst. Atty. Gen., Washington, D. C., and William R. Burkett, U. S. Atty., Oklahoma City, Okl., and Gregory B. Hovendon, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendant United States.
H. Gordon Homme, Atty., I. C. C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, and Betty Jo Christian, Associate Gen. Counsel, I. C. C., Washington, D. C., on the brief), for defendant I. C. C.
Leonard A. Jaskiewicz, Washington, D. C., Fred Rahal, Jr. and Richard O. Battles, Tulsa, Okl., and James W. Shepherd, Oklahoma City, Okl. (Foliart, Shepherd, Mills & Niemeyer, Oklahoma City, Okl., on the brief), for intervening defendant National Trailer Convoy, Inc.
William J. Lippman, Washington, D. C., and James W. Shepherd, Oklahoma City, Okl. (Singer & Lippman, Washington, D. C., and Foliart, Shepherd, Mills & Niemeyer, Oklahoma City, Okl., were on the brief), for intervening defendant Morgan Drive Away, Inc.
Before HOLLOWAY, Circuit Judge, DAUGHERTY, Chief District Judge, and EUBANKS, District Judge.
United States District Court, W. D. Oklahoma.
MEMORANDUM OPINION AND ORDER
HOLLOWAY, Circuit Judge.
This action was brought by Mobile Home Express, Ltd. (Mobile) to have an order of the Interstate Commerce Commission (the Commission) denying a certificate of public convenience and necessity set aside. See 5 U.S.C.A. § 702; 28 U.S.C.A. §§ 1336 and 2321 et seq.; 49 U.S.C.A. §§ 17(9) and 305(g). The permanent authority for Mobile in controversy before us is to transport trailers...
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