HOME TRANSPORTATION COMPANY, INC. v. UNITED STATES

Civ. A. No. 17966.

365 F.Supp. 1216 (1973)

HOME TRANSPORTATION COMPANY, INC., Plaintiff, v. UNITED STATES of America and the Interstate Commerce Commission, Defendants, and National Trailer Convoy, Inc., et al., Intervening Defendants.

United States District Court, N. D. Georgia, Atlanta Division.

October 31, 1973.


Attorney(s) appearing for the Case

Robert E. Born and J. Michael May, Atlanta, Ga., for plaintiff.

John H. D. Wigger, Atty., Dept. of Justice, Thomas E. Kauper, Asst. Atty. Gen., Anti-Trust Div., Dept. of Justice, John W. Stokes, Jr., U. S. Atty., Julian M. Longley, Jr., Asst. U. S. Atty., James F. Tao, Atty., I. C. C., Washington, D. C. for defendants.

Robert E. Michelson and William J. Lippman, Singer & Lippman, P. C., Washington, D. C., Paul D. Borghesani, Elkhart, Ind., Guy H. Postell, Postell & Hall, Atlanta, Ga., for Morgan Drive Away, Inc., intervening defendant.

Leonard A. Jaskiewicz and Ira G. Megdal, Grove, Jaskiewicz & Gilliam, Washington, D. C., Richard O. Battles and Fred Rahal, Jr., Tulsa, Okl., Bates Block, Hansell, Post, Brandon & Dorsey, Atlanta, Ga., for National Trailer Convoy, Inc., intervening defendant.

Mitchell King, Jr., Greenville, S. C., Clyde W. Carver, Atlanta, Ga., Wilmer B. Hill, Ames, Hill & Ames, Washington, D. C., for Transit Homes, Inc., intervening defendant.

Before MORGAN, Circuit Judge, EDENFIELD and O'KELLEY, District Judges.


EDENFIELD, District Judge:

Plaintiff Home Transportation Company, Inc. [hereinafter "Home"] brings this action to enjoin and set aside the decision and order of the Interstate Commerce Commission which denied in substantial part Home's application for a certificate of public convenience and necessity under 49 U.S.C. § 307.1 A three-judge district court was convened as provided in 28 U.S.C. § 2325 and the case came on for hearing...

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