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PITRE BROS. TRANSFER, INC. v. UNITED STATES

No. 77-1477.

580 F.2d 140 (1978)

PITRE BROS. TRANSFER, INC., Southeastern Motor Freight, Inc., Ozone Motor Lines, Inc., and Saia Motor Freight Line, Inc., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

September 13, 1978.

Attorney(s) appearing for the Case

Philip Robinson, Timothy Mashburn, Mert Starnes, Austin, Tex., for petitioners.

John H. Shenefield, Asst. Atty. Gen., Dept. of Justice, John J. Powers, III, Asst. Chief, Daniel J. Conway, Atty., Mark L. Evans, Gen. Counsel, ICC, Frederick W. Read, III, Assoc. Gen. Counsel, Griffin B. Bell, U. S. Atty. Gen., U. S. Dept. of Justice, Alan J. Thieman, Atty., Washington, D. C., for respondents.

Wm. O. Turney, Drew L. Carraway, Washington, D. C., for England Trans. Co., Inc. & Roadway Express.

Ralph W. Pulley, Jr., Dallas, Tex., for Strickland Trans. Co.

Before WISDOM, THORNBERRY and RUBIN, Circuit Judges.

THORNBERRY, Circuit Judge:

This case comes to us on petition for review of a final order of the Interstate Commerce Commission, Division 3, granting Roadway Express, Inc. and Strickland Transportation Co., Inc. authority to purchase various operating rights of England Transportation Co., Inc.

England Transportation holds Certificate of Public Convenience and Necessity No. MC 57946 Sub 2. The certificate grants England...

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