MERCURY MOTOR EXPRESS, INC. v. BRINKE

No. 73-3926 Summary Calendar.

494 F.2d 39 (1974)

MERCURY MOTOR EXPRESS, INC., et al., Plaintiffs, Florida Texas Freight, Inc., Plaintiff-Appellant, v. Norman C. BRINKE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 1974.


Attorney(s) appearing for the Case

Bernard C. Pestcoe, Harry A. Payton, Susan Goldman, Miami, Fla., for plaintiff-appellant.

James J. Kenny, Frank J. Kelly, Miami, Fla., J. Raymond Clark, Washington, D. C., for defendant-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.


PER CURIAM:

This appeal presents a peripheral tag end to over ten years of litigation and administrative confrontation between the parties. We affirm the latest district court decision that the plaintiffs-appellants failed to show a clear and patent violation by defendant Brinke of the Interstate Commerce Act.

In 1971, plaintiff freight forwarders collectively sought an injunction under § 417(b)(2) of the Interstate Commerce Act, 49 U.S.C.A. § 1017...

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