NORTH ALABAMA EXPRESS, INC., an Alabama corporation. AAA Cooper Transportation, Inc., an Alabama corporation, Petitioners,
Milan Express, Inc.; James H. Evans and the Alabama Public Service Commission, Intervenors,
v.
INTERSTATE COMMERCE COMMISSION; United States of America; Averitt Express, Inc., and Deaton, Inc., Respondents.
In re AVERITT EXPRESS, INC.; Deaton, Inc., Petitioners,
James H. Evans, in his official capacity as Attorney General of the State of Alabama and on behalf of the district attorneys of the State of Alabama, Milan Express, Inc., Intervenors.
In re NORTH ALABAMA EXPRESS, INC., Milan Express, Inc., Petitioners,
Averitt Express, Inc.; Deaton, Inc., and James H. Evans, in his official capacity as Attorney General of the State of Alabama and on behalf of the district attorneys of the State of Alabama; Alabama Public Service Commission, Intervenors.
AVERITT EXPRESS, INC.; Deaton, Inc., Plaintiffs-Appellants,
v.
Jim SULLIVAN, Charles B. Martin, Jan Cook, Commissioners, in their official capacities as Commissioners of the Alabama Public Service Commission; United States of America, Defendants-Appellees,
Milan Express, Inc., a Tennessee Corporation, Intervenor-Defendant,
James H. Evans, in his official capacity as Attorney General of the State of Alabama and on behalf of the district attorneys of the State of Alabama; North Alabama Express, Inc., and AAA-Cooper Transportation, Inc., Intervenors.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
August 25, 1995.
August 25, 1995.
Attorney(s) appearing for the Case
George M. Boles, Birmingham, AL, Robert C. Black, Montgomery, AL, for petitioners in No. 94-6034.
Gerald D. Colvin, Jr., Bishop, Colvin, Johnson & Kent, Birmingham, AL, James H. Evans, Atty. Gen., for State of Ala., Montgomery, AL, for Milan Express.
Janet Reno, Atty. Gen., U.S. Dept. of Justice, Washington, DC, Michael Martin, Interstate Commerce Com'n, Washington, DC, for respondents in No. 94-6034.
Thomas O. Helton, Chattanooga, TN, Robert L. Baker, Nashville, TN, for Averitt Express.
Kim D. Mann, Shawn, Mann & Niedermayer, Washington, DC, Robert Nicholson, U.S. Dept. of Justice, Washington, DC, for Deaton, Inc.
Justice D. Smyth, III, Montgomery, AL, for Evans, intervenor.
George M. Boles, Weaver, Boles & Elmore, Birmingham, AL, for North Alabama Express.
Michael Martin, ICC, Office of General Counsel, Washington, DC, for I.C.C.
P. Michael Cole, Athens, AL, for intervenor Alabama Public Service Com'n.
Robert L. Baker, Thomas O. Helton, Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Nashville, TN, for appellants in No. 93-6877.
P. Michael Cole, Patton, Latham, Legge & Cole, Athens, AL, for appellees in No. 93-6877.
Suellen Powers Lambert, Alabama Public Service Com'n, Montgomery, AL, for Sullivan, Alabama Public Service.
George M. Boles, Weaver, Boles & Elmore, Birmingham, AL, Robert C. Black, Hill, Hill, Carter, Franco, Cole & Black, Montgomery, AL, for intervenors North Alabama and AAA-Cooper.
Before ANDERSON and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge.
United States Court of Appeals, Eleventh Circuit.
RONEY, Senior Circuit Judge:
In a second petition for review to this Court, North Alabama Express, AAA-Cooper Transportation Inc., and Milan Express challenge the Interstate Commerce Commission's order permitting the transfer of intrastate trucking authority from Deaton, Inc. to Averitt Express, Inc. We grant the above-named parties' petition, but because the Interstate Commerce Commission (the "ICC") misinterpreted our prior opinion, we must again set aside the ICC...
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