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B-H TRANSFER COMPANY v. UNITED STATES

Civ. A. Nos. 2917 and 2918.

379 F.Supp. 1027 (1974)

B-H TRANSFER COMPANY, Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, American Trucking Associations, Inc., et al., Intervenors.

United States District Court, M. D. Georgia, Macon Division.

July 18, 1974.

Attorney(s) appearing for the Case

Wallace Miller, Jr., Jones, Cork, Miller & Benton, Macon, Ga., J. Raymond Clark, Ephraim & Clark, Washington, D. C., for plaintiff in Nos. 2918 and 2917.

William J. Schloth, U. S. Atty., M. D. of Ga., Macon, Ga., Fritz R. Kahn, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for defendants in 2918.

Ronald T. Knight, Asst. U. S. Atty., M. D. of Ga., Macon, Ga., for defendants in 2917.

R. J. Reynolds, III, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., for Brown Transport Corp. and American Trucking Assoc., Inc.

Peter T. Beardsley, Nelson J. Cooney, Brenda P. Murray, Washington, D. C., for American Trucking Associations, Inc., intervening defendant.

John P. Carlton, Bishop, Carlton & Sweeney, Birmingham, Ala., Fritz R. Kahn, Gen. Counsel, Betty Jo Christian, Interstate Commerce Commission, Washington, D. C., Robert H. Bork, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., for defendants in 2917.

Before BELL, Circuit Judge, BOOTLE, Senior District Judge, and OWENS, District Judge.

OWENS, District Judge:

These two cases are actions to set aside Interstate Commerce Commission orders denying two June 28, 1972, applications filed by the plaintiff B-H Transfer Co., a wholly-owned railroad subsidiary, for permanent, unrestricted authority to transport commodities in interstate commerce by motor vehicle. This district court of three judges was constituted as required by law. 28 U.S. C. § 2325.1 The cases were consolidated...

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