North Alabama Express, Inc., a Corporation v. United States of America and Interstate Commerce Commission

Fifth Circuit

North Alabama Express, Inc., a Corporation v. United States of America and Interstate Commerce Commission

583 F.2d 779, 1978 U.S. App. LEXIS 7943

Court of Appeals for the Fifth Circuit·Decided November 6, 1978·No. 77-1341·Published

Opinion

VANCE, Circuit Judge.

On consideration of the petition for rehearing the last paragraph of the panel opinion of July 17, 1978, 576 F.2d 679, is withdrawn and the following-substituted in lieu thereof:

The case is remanded to the Interstate Commerce Commission with instructions that Division 3’s order now under review be vacated and set aside. 12 Such action is without prejudice to further proceedings not inconsistent with this opinion.

12

. During the pendency of this case in this court the Commission amended its rules and restructured its divisions. 42 FR 65181 (Dec. 30, 1977). There are now two divisions and they have concurrent jurisdiction.

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VANCE, Circuit Judge.

On consideration of the petition for rehearing the last paragraph of the panel opinion of July 17, 1978, 576 F.2d 679, is withdrawn and the following-substituted in lieu thereof:

The case is remanded to the Interstate Commerce Commission with instructions that Division 3’s order now under review be vacated and set aside. 12 Such action is without prejudice to further proceedings not inconsistent with this opinion.

12

. During the pendency of this case in this court the Commission amended its rules and restructured its divisions. 42 FR 65181 (Dec. 30, 1977). There are now two divisions and they have concurrent jurisdiction.

North Alabama Express, Inc., a Corporation v. United States of America and Interstate Commerce Commission, 583 F.2d 779, 1978 U.S. App. LEXIS 7943 (5th Cir. 1978).

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Opinion

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