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NORTH ALABAMA EXP., INC. v. UNITED STATES

No. 77-1341.

576 F.2d 679 (1978)

NORTH ALABAMA EXPRESS, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 17, 1978.

Attorney(s) appearing for the Case

Maurice F. Bishop, Birmingham, Ala., for petitioners.

Mark L. Evans, Gen. Counsel, I.C.C., Henri F. Rush, Associate Gen. Counsel, Griffin B. Bell, U.S. Atty. Gen., U.S. Dept. of Justice, John H. Shenefield, Acting Asst. Atty. Gen., R. Craig Lawrence, I.C.C., Barry Grossman, Chief, App. Section, Dept. of Justice, Catherine G. O'Sullivan, Atty., Christine Kohl, I.C.C., Washington, D.C., for respondents.

David G. Macdonald, Washington, D.C., Phineas Stevens, Rhesa Barksdale, Jackson, Miss., Harry J. Jordan, Kim D. Mann, Washington, D.C., for intervenors.

Before HILL, RUBIN and VANCE, Circuit Judges.

VANCE, Circuit Judge:

This case comes to us on petition for review of a final order of the Interstate Commerce Commission, Division 3, granting authority for transportation of interstate freight to four multistate carriers, under Section 207 of the Interstate Commerce Act (the "Act"), 49 U.S.C. Section 307.

A-OK Motor Lines, Inc., an Alabama corporation organized in 1960 (A-OK), was a common carrier by motor vehicle...

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