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ORR v. I.C.C.

Nos. 89-5108, 89-5110.

912 F.2d 119 (1990)

James B. ORR and Highway Express, Inc., Petitioners-Appellants (89-5108), Plaintiffs-Appellants (89-5110), v. INTERSTATE COMMERCE COMMISSION, United States of America, Respondents-Appellees (89-5108), and Sewell Plastics, Inc., Intervenor Respondent-Appellee (89-5108), Defendant-Appellee (89-5110).

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1990.

Attorney(s) appearing for the Case

James N. Clay, III (argued), Memphis, Tenn., for petitioners-appellants.

W. Hickman Ewing, Jr., U.S. Atty., Memphis, Tenn., Judith Albert (argued), I.C.C., Office of the Gen. Counsel, Washington, D.C., for respondents-appellees.

Michael P. Coury, Laughlin, Halle, Gibson & McBride, Memphis, Tenn., for intervenor-appellee.

Before KRUPANSKY and RYAN, Circuit Judges, and CHURCHILL, Senior District Judge.

RYAN, Circuit Judge.

Plaintiffs Highway Express, Inc. and James Orr appeal two orders of the district court: 1) a 1988 order affirming the Interstate Commerce Commission ("ICC") determination and granting partial summary judgment on the interstate claims, and 2) a 1989 order granting summary judgment on the intrastate claims.

The issues we address are:

1. Whether the district court erred in affirming and adopting the ICC's decision that Highway Express...

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