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NORTH ALABAMA EXPRESS v. INTERSTATE COMMERCE COMMISSION

No. 91-7662.

996 F.2d 1072 (1993)

NORTH ALABAMA EXPRESS., 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.

June 30, 1993.

Attorney(s) appearing for the Case

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

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

Suellen Powers Lambert, Alabama Public Service Com'n, Montgomery, AL, for Alabama Public Service Com'n-internor.

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

Sidney L. Strickland, Secretary, I.C.C., Michael Martin, U.S. Atty. Gen., Robert B. Nicholson, Dept. of Justice, Washington, DC, for I.C.C. & U.S.A.

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

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

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

ON PETITION FOR REHEARING

(Opinion Sept. 3, 1992, 11th Cir., 971 F.2d 661)

PER CURIAM:

The following sentence is withdrawn from our opinion in this case:

For instance, the ICC could not approve the transfer of intrastate routes in Alabama if the only other aspects of the transaction involved interstate routes between Oregon and California.

North Alabama Exp., Inc. v. I.C.C.,

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