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NORTH ALABAMA EXP., INC. v. I.C.C.

No. 91-7662.

971 F.2d 661 (1992)

NORTH ALABAMA EXPRESS, INC., an Alabama Corporation; AAA Cooper Transportation, Inc., an Alabama Corporation, Petitioners, Alabama Public Service Commission; Milan Express, Inc., Intervenors, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Averitt Express, Inc.; Deaton, Inc., Intervenors.

United States Court of Appeals, Eleventh Circuit.

September 3, 1992.

Attorney(s) appearing for the Case

George M. Boles, Weaver, Boles & Elmore, Birmingham, Ala., for Neely and North Alabama Exp.

Robert C. Black, Montgomery, Ala., for AAA Cooper.

Suellen Powers Lambert, Alabama Public Service Com'n, Montgomery, Ala., for Alabama Public Service Com'n, intervenor.

Gerald D. Colvin, Jr., Bishop, Colvin, Johnson & Kent, Birmingham, Ala., for Milan Exp., Inc., intervenor.

Michael Martin, Secretary, I.C.C., and Robert B. Nicholson, U.S. Atty. Gen., Dept. of Justice, Washington, D.C., for I.C.C. and the U.S.

Robert L. Baker, Buck & Baker, Nashville, Tenn., for Averitt Exp., Inc., intervenor.

Kim D. Mann, Shawn, Berger & Mann, Washington, D.C., for Deaton, Inc., intervenor.

Before EDMONDSON, Circuit Judge, RONEY, and GIBSON, Senior Circuit Judges.

FLOYD R. GIBSON, Senior Circuit Judge:

Milan Express, Inc., North Alabama Express, Inc., and the Alabama Public Service Commission appeal the Interstate Commerce Commission's ("ICC") order authorizing the transfer of intrastate trucking authority from Deaton, Inc. to Averitt Express, Inc. We set aside the ICC's order insofar as it approves the transfer of this intrastate authority.

I. BACKGROUND

In late December 1990 or early January 1991, Averitt...

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