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I. C. C. v. CROUCH FREIGHT SYSTEMS, INC.

No. 76-1867.

577 F.2d 679 (1978)

INTERSTATE COMMERCE COMMISSION, Plaintiff-Appellee, v. CROUCH FREIGHT SYSTEMS, INC., Defendant-Appellant, Lee Way Motor Freight, Inc., the Chief Freight Lines Company, Texas-Oklahoma Express, Inc., and Santa Fe Trail Transportation Company, Intervenors as Plaintiffs-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 6, 1978.

Rehearing Denied July 25, 1978.

Attorney(s) appearing for the Case

Oliver H. Miles, Las Cruces, N.M. (Harry F. Horak and Simon W. Oderberg, Fort Worth, Tex., and Bernard A. Gould and Robert S. Turkington, Washington, D.C., on the brief), for plaintiff-appellee Interstate Commerce Commission.

Martin J. Rosen, San Francisco, Cal. (Silver, Rosen, Fischer & Stecher Professional Corp., San Francisco, Cal., and Don A. Smith, Fort Smith, Ark., on the brief), for defendant-appellant Crouch Freight Systems, Inc.

Sam Roberts, Tulsa, Okl. (Church & Roberts, Tulsa, Okl., on the brief), for intervening plaintiffs-appellees.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

The Interstate Commerce Commission (ICC) brought an action against Crouch Freight Systems, Inc., to enjoin the latter from transporting shipments between the Dallas-Fort Worth, Texas area and the Oklahoma City, Oklahoma area, on the ground that Crouch did not have the authority to do so. Trial was to the court and was based entirely on documentary evidence and stipulations. The trial court entered a permanent injunction against Crouch. The...

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