Opinion · Court of Appeals for the Eleventh Circuit

North Alabama Express v. Interstate Commerce Commission

N. Ala. Express v. Interstate Commerce Comm’n, 996 F.2d 1072 (11th Cir. 1993)

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1993-06-30
Topic
general

ON PETITION FOR REHEARING Before EDMONDSON, Circuit Judge, RONEY * and GIBSON **, Senior Circuit Judges. PER CURIAM: The following sentence is withdrawn from our opinion in this case: For instance, the ICC could not approve the transfer of intrastate routes in Alabama if the only other aspects of the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., 971 F.2d 661, 665 (11th Cir.1992). Otherwise, the petitions for rehearing filed by respondent Interstate Commerce Commission and intervening respondent Ayeritt Express, Inc. are denied.

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Cited by
1 opinion
N. ALA. EXPRESS v. INTERSTATE COMMERCE COMM.,996 F.2d 1072(11th Cir. 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.
No. 91-7662.
United States Court of Appeals, Eleventh Circuit.
June 30, 1993.
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.
Petition for Review of an Order of the Interstate Commerce Commission.

(ICC No. MC-F-19804.)
ON PETITION FOR REHEARING
(Opinion Sept. 3, 1992, 11th Cir.,971 F.2d 661)
Before EDMONDSON, Circuit Judge, RONEYfn*and GIBSONfn**, Senior Circuit Judges.
PER CURIAM:
[1] The following sentence is withdrawn from our opinion in this case: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.


[2]North Alabama Exp., Inc. v. I.C.C.,971 F.2d 661,665(11th Cir. 1992). Otherwise, the petitions for rehearing filed by respondent Interstate Commerce Commission and intervening respondent Averitt Express, Inc. are denied.Page 1073
  1. SeeRule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit. ↩
  2. Honorable Floyd R. Gibson, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation. ↩