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

11th Cir. | 1993-06-30
No. 91-7662
Before EDMONDSON, Circuit Judge, RONEY and GIBSON , Senior Circuit Judges.
996 F.2d 1072 Court of Appeals for the Eleventh Circuit (1993) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM:

PER CURIAM: The following sentence is withdrawn from our opinion in this case: For instance, the ICC could not approve the transfer of intrastate routes in Alabama if the only other aspects of the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.


Cases With Similar Vibessemantic neighbors from the corpus


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  • …Interstate Commerce Commission (the “ICC”) misinterpreted our prior opinion, we must again set aside the ICC’s order. North Alabama Express, Inc. v. ICC, 971 F. 2d 661, 663-65 (11th Cir.1992), modified on rehearing to delete one sentence of dictum, 996 F. 2d 1072 (11th Cir.1993). On that petition, we held that the ICC lacked the power to approve or exempt the transfer of the intrastate routes involved in this case because the transaction did not constitute a change in interstate commerce. The ICC apparentl…
  • Milan Express, Inc. v. Averitt Express, Inc., 254 F.3d 966 (11th Cir. 2001)
    …1992, this Court set aside the portion of the ICC’s order approving the transfer of intrastate authority from Deaton to Averitt. 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). 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…

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