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BROWN EXP., INC. v. UNITED STATES

Nos. 79-1457, 79-1458 and 79-1926.

607 F.2d 695 (1979)

BROWN EXPRESS, INC., et al., Petitioners, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents. ALAMO EXPRESS, INC., et al., Petitioners, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents. COMMON CARRIER CONFERENCE — IRREGULAR ROUTE, Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

November 30, 1979.

Attorney(s) appearing for the Case

Robinson, Felts, Meyers, Starnes & Latting, Phillip Robinson, Timothy Mashburn, Austin, Tex., for Brown Exp., Inc., et al.

Joseph H. Hart, Austin, Tex., for Brown Exp., Inc., et al. and for petitioner in No. 79-1926.

Harry J. Jordan, Washington, D. C., for Brown Exp., Inc., et al. and for Alamo Exp., Inc.

H. Glenn Scammel, Washington, D. C., for respondents in all cases.

Clark, Thomas, Winters & Shaprio, Jerry C. Prestridge, Austin, Tex., for Merchants Fast Motor Lines, Inc.

Jones, Mays & Capps, Houston, Tex., for Alamo Exp., Inc.

Ewell H. Muse, Jr., Austin, Tex., for Southwestern Motor Transport, Inc.

Margaret O. Halpern, Atty., U. S. Dept. of Justice, Washington, D. C., for respondents in Nos. 79-1458 and 79-1926.

John Elliott Bunce, Arlington, Va., for Ryder Truck Lines.

John J. Powers, III, Atty., Dept. of Justice, Washington, D. C., for respondents in 79-1926.

Before WISDOM, CHARLES CLARK, and GEE, Circuit Judges.

CHARLES CLARK, Circuit Judge:

Section 10928 of the Interstate Commerce Act, 49 U.S.C. § 10928, authorizes the Interstate Commerce Commission to "grant a motor carrier or water carrier temporary authority to provide transportation to a place or in an area having, respectively, no motor carrier or water carrier capable of meeting the immediate needs of the place or area. Unless suspended or revoked, the Commission may grant the temporary authority for not more...

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