Legal Opinion

Nationwide Auto Transporters, Inc. v. Morgan Driveaway, Inc.

District Court, S.D. New York

Decided November 30, 1977No. 77 Civ. 5272PublishedCited by 4 opinions

1Opinion of the Court

LASKER, District Judge.

Nationwide Auto Transporters, Inc. (“Nationwide”) moves for a preliminary injunc tion restraining Morgan Driveaway, Inc. (“Morgan”) from transporting motor homes in secondary movement in “driveaway service” from Goshen, Wakarusa, and Middle-bury, Indiana. While Morgan does have authority to transport motor homes in “truckaway service” (Sub-No. 524), Nationwide claims that Morgan does not have the necessary authority from the Interstate Commerce Commission (“ICC”) to conduct driveaway operations and that by doing so it is taking work which would otherwise accrue to…

2Cases cited4 opinions

  1. Fed. Sec. L. Rep. P 94,041 Sonesta International Hotels Corporation v. Wellington AssociatesCourt of Appeals for the Second Circuit · 1973
  2. Triebwasser & Katz, a Partnership Consisting of Jonah Triebwasser and William Katz v. American Telephone & Telegraph CompanyCourt of Appeals for the Second Circuit · 1976
  3. Baggett Transportation Company v. Hughes Transportation, Inc., and Interstate Commerce CommissionCourt of Appeals for the Eighth Circuit · 1968
  4. Tri-State Motor Transit Co. v. International Transport, Inc.Court of Appeals for the Eighth Circuit · 1973

3Cited by4 opinions

  1. Ross v. LutonSupreme Court of Alabama · 1984
  2. Bowling Transportation, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 2004
  3. Bowling Transportation, Inc., Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-PetitionerCourt of Appeals for the Sixth Circuit · 2004
  4. New York State Telecommunications Association, Inc. v. JamesDistrict Court, E.D. New York · 2021

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