North Alabama Express. v. Interstate Com. Comm'n, 996 F.2d 1072 (11th Cir. 1993). · Go Syfert
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North Alabama Express. v. Interstate Com. Comm'n, 996 F.2d 1072 (11th Cir. 1993). Cases Citing This Book View Copy Cite
6 citation events (2 in the last 25 years) across 2 distinct courts.
Strongest positive: Milan Express, Inc. v. Averitt Express, Inc. (ca11, 2001-06-19)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Milan Express, Inc. v. Averitt Express, Inc.
11th Cir. · 2001 · signal: see · confidence high
See North Alabama Express, Inc. v. I.C.C., 971 F.2d 661 (11th Cir. 1992)(“North Alabama I”), modified on panel reh’g, 996 F.2d 1072 (11th Cir. 1993).5 This Court held that “the ICC was correct in applying § 11343 to this transaction,” but found that “even if the ICC generally has the statutory authority to approve changes in intrastate certificates, it lacks authority to do so in this case because the proposed transaction is a sham designed solely to divest the [APSC] of its authority 5 The modification only deleted a sentence and worked no substantive change. 5 in this matter.”…
discussed Cited "see" Milan Express, Inc. v. Averitt Express, Inc.
11th Cir. · 2001 · signal: see · confidence high
See North Alabama Express, Inc. v. I.C.C., 971 F.2d 661 (11th Cir.1992)(“North, Alabama I”), modified on panel reh’g, 996 F.2d 1072 (11th Cir.1993). 5 This Court held that “the ICC was correct in applying § 11343 to this transaction,” but found that “even if the ICC generally has the statutory authority to approve changes in intrastate certificates, it lacks authority to do so in this ease because the proposed transaction is a sham designed solely to divest the [APSC] of its authority in this matter.” Id. at 665. 6 This Court noted that Deaton and Averitt possessed multiple cert…
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North Alabama Express., an Alabama Corporation Aaa Cooper Transportation, Inc., an Alabama Corporation, Alabama Public Service Commission Milan Express, Inc., Intervenors
v.
The Interstate Commerce Commission and the United States of America, Averitt Express, Inc. Deaton, Inc., Intervenors
91-7662.
Court of Appeals for the Eleventh Circuit.
Jun 30, 1993.
996 F.2d 1072
Published

996 F.2d 1072

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, RONEY[*] and GIBSON[**], Senior Circuit Judges.

PER CURIAM:

1

The following sentence is withdrawn from our opinion in this case:

2

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.

3

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.

*

See Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit

**

Honorable Floyd R. Gibson, Senior U.S. Circuit Judge for the Eighth Circuit, sitting by designation