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SQUAW TRANSIT COMPANY v. UNITED STATES

Civ. A. No. 75-C-82.

402 F.Supp. 1278 (1975)

The SQUAW TRANSIT COMPANY, Plaintiff, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants.

United States District Court, N. D. Oklahoma.

October 24, 1975.

Attorney(s) appearing for the Case

Mickey D. Wilson, Tulsa, Okl., Sayers, Scurlock, Binion & Brackett, Fort Worth, Tex., for plaintiff, Squaw Transit Co.

Nathan G. Graham, U. S. Atty., Tulsa, Okl. (Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., on brief), for defendant, United States.

James T. Proctor, Atty., I.C.C., Washington, D. C., and Peter A. Fitzpatrick, Atty., I.C.C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I.C.C., Washington, D. C., on brief), for defendant, I.C. C.

Before HOLLOWAY, Circuit Judge, BARROW, Chief District Judge, and COOK, District Judge.

OPINION

BARROW, Chief Judge.

A statutory three-judge court was convened in the instant litigation, pursuant to 28 U.S.C. §§ 1336, 2325 and 2284, to review the decision of the Interstate Commerce Commission in connection with the denial of the application of Squaw Transit Company (hereinafter referred to as "Squaw") filed pursuant to 49 CFR 1065, and the subsequent denial of its Petition for Reconsideration.

Squaw is an Oklahoma corporation...

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