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I.C.C. v. APPLEYARD

No. 74-1342.

513 F.2d 575 (1975)

INTERSTATE COMMERCE COMMISSION, Appellee, v. George T. APPLEYARD, III, and James W. Cain, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1975.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C. (Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N. C., on brief), for appellants.

J. Preston Proffitt, Jr., Regional Counsel, Interstate Commerce Commission (Bernard A. Gould and Robert S. Turkington, Attys., Interstate Commerce Commission, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

In order to test the constitutionality of the Interstate Commerce Commission's policies regulating interstate truck transportation, George T. Appleyard and James W. Cain deliberately violated Part II of the Interstate Commerce Act, 49 U.S.C. § 301 et seq. The district court enjoined them from further violations, as provided in 49 U.S.C. § 322. Appleyard and Cain appeal the injunction on the ground that the I.C.C.'s application...

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