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WHITFIELD TRANSPORTATION, INC. v. UNITED STATES

Civ. A. No. 9759.

373 F.Supp. 1032 (1974)

WHITFIELD TRANSPORTATION, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Thunderbird Freight Lines, Inc., and Oakley Transfer and Storage Company, Inc., Intervenors-Defendants.

United States District Court, D. New Mexico.

April 15, 1974.

Attorney(s) appearing for the Case

Jones, Gallegos, Snead & Wertheim, Santa Fe, N. M., for plaintiffs.

Jack Smith, Albuquerque, N. M., and Russell R. Sage, Alexandria, Va., for Movants Thunderbird Freight Lines, Inc., and Oakley Transfer.

Victor R. Ortega, U. S. Atty., Albuquerque, N. M., John H. D. Wigger, Atty. Dept. of Justice, Washington D. C., for U. S. A.

Richard H. Streeter, Atty. I. C. C., Washington, D. C., for Interstate Commerce Commission.

Before SETH, Circuit Judge, PAYNE, Chief District Judge, and BRATTON, District Judge.

MEMORANDUM OPINION

This is an action by the above named plaintiffs to enjoin, annul, and set aside an order of the Interstate Commerce Commission. Jurisdiction and venue are present under 28 U.S.C. §§ 1336, 1398, 2284 and 2321-2325. Cf. 5 U.S.C. §§ 702-706.

The plaintiffs are motor common carriers operating under authority granted by the Interstate Commerce Commission in interstate commerce and by the New Mexico State Corporation...

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