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AAACON AUTO TRANSPORT, INC. v. MEDLIN

No. 76-2601.

575 F.2d 1102 (1978)

AAACON AUTO TRANSPORT, INC., Plaintiff-Appellant, v. Anson D. MEDLIN et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 5, 1978.

Attorney(s) appearing for the Case

Michael G. Ames, Ralph J. Zola, New York City, for plaintiff-appellant.

Richard B. Austin, Miami, Fla., for Medlin et al.

Before CLARK and GEE, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied September 5, 1978.

GEE, Circuit Judge:

This is a private enforcement action brought under section 222(b)(2) of the Interstate Commerce Act, 49 U.S.C. § 322(b)(2) (1970), to enjoin the interstate transportation of automobiles and persons without a certificate of public convenience and necessity. Plaintiff, Aaacon Auto Transport, is a common carrier licensed by the ICC; it operates an automobile drive-away service...

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