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ARKANSAS-BEST FREIGHT SYSTEM v. UNITED STATES

No. FS-72-C-65.

399 F.Supp. 157 (1975)

ARKANSAS-BEST FREIGHT SYSTEM, et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, Bowman Transportation, Inc., Intervening-Defendant.

United States District Court, W. D. Arkansas, Fort Smith Division.

September 2, 1975.

Attorney(s) appearing for the Case

Thomas Harper and Don A. Smith, Harper, Young & Smith, Ft. Smith, Ark., Phineas Stevens, Jackson, Miss., Frank W. Taylor, Jr., and Wentworth E. Griffin, Kansas City, Mo., for plaintiffs.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, Fritz R. Kahn, Gen. Counsel, ICC, Richard H. Streeter, Atty., ICC, Washington, D. C., Robert E. Johnson, U. S. Atty., Ft. Smith, Ark., for defendants.

Robert L. Jones, Jr., Jones, Gilbreath & Jones, Ft. Smith, Ark., Maurice F. Bishop, Bishop, Sweeney & Colvin, Birmingham, Ala., for intervenor, Bowman Transportation Co.

Before HENLEY, Circuit Judge, WILLIAMS, Chief District Judge, and MILLER, Senior District Judge.

JOHN E. MILLER, Senior District Judge.

OPINION ON REMAND

Involved in the prior decision of September 11, 1973, of this court, 364 F.Supp. 1239, was the review of orders of the Interstate Commerce Commission ("the Commission") granting certificates of public convenience and necessity to Red Ball Motor Freight, Inc., Johnson Motor Lines, Inc., and Bowman Transportation, Inc...

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