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NORTH ALABAMA EXP., INC. v. U. S.

No. 77-3252.

585 F.2d 783 (1978)

NORTH ALABAMA EXPRESS, INC., and Hiller Truck Lines, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Floyd & Beasley Transfer Company, Inc., Intervenor-Respondent.

United States Court of Appeals, Fifth Circuit.

December 8, 1978.

Attorney(s) appearing for the Case

George M. Boles, John P. Carlton, Birmingham, Ala., for petitioners.

Griffin B. Bell, Atty. Gen., Dept. of Justice, Mark Evans, Gen. Counsel, ICC, Wayne M. Senville, Atty., ICC, John P. Fonte, Atty., ICC, Peter L. de la Cruz, Atty., Dept. of Justice, John J. Powers, III, Washington, D. C., for respondents.

Charles Ephraim, James F. Flint, Washington, D. C., for Floyd & Beasley Transfer.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This appeal is from an order of the Interstate Commerce Commission granting increased operating authority to the Floyd & Beasley Transfer Company, Inc. ("Floyd"), a motor common carrier. The grant of new authority to Floyd is challenged by two of Floyd's competitors, North Alabama Express, Inc. ("NAE") and Hiller Truck Lines, Inc. ("Hiller") on both substantive and procedural grounds. The appellants challenge the sufficiency of the...

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