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W. G. COSBY TRANSFER & STORAGE CORP. v. FROEHLKE

No. 72-2465.

480 F.2d 498 (1973)

W. G. COSBY TRANSFER & STORAGE CORPORATION, Appellee, v. Robert F. FROEHLKE, Secretary of the Army, and Major General Clarence J. Lang, Military Traffic Management and Terminal Service, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1973.

Attorney(s) appearing for the Case

Joseph B. Scott, Atty., U. S. Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., of the U. S., Brian P. Gettings, U. S. Atty., for the E. D. Virginia, and Walter H. Fleischer, Atty., Dept. of Justice, on brief), for appellants.

Alan F. Wohlstetter, Washington, D. C. (Stanley I. Goldman, Denning & Wohlstetter, Washington, D. C., W. Kendall Lipscomb, Jr., Taylor, Hazen, Bryant & Kauffman, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

The Secretary of the Army and the Commander of the Military Traffic Management and Terminal Service (the Service) appeal from an order of the district court that enjoins them from enforcing the Service's "four-carrier" regulation against W. G. Cosby Transfer and Storage Corporation without first holding a hearing to determine whether Cosby is entitled to an exemption from the regulation. We affirm.

The Service is the defense agency...

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