704 F.2d 1237 (11th Cir. 1983), 82-8235, General GMC Trucks, Inc. v. Mercury Freight Lines, Inc.

Docket Nº:82-8235.
Citation:704 F.2d 1237
Party Name:GENERAL GMC TRUCKS, INC. and General Leasing, Inc., Plaintiffs-Appellants, v. MERCURY FREIGHT LINES, INC., Defendant-Appellee.
Case Date:May 12, 1983
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 1237

704 F.2d 1237 (11th Cir. 1983)

GENERAL GMC TRUCKS, INC. and General Leasing, Inc.,

Plaintiffs-Appellants,

v.

MERCURY FREIGHT LINES, INC., Defendant-Appellee.

No. 82-8235.

United States Court of Appeals, Eleventh Circuit

May 12, 1983

Kenneth L. Millwood, E. Kendrick Smith, Atlanta, Ga., for plaintiffs-appellants.

Page 1238

Thomas C. Shelton, Charles M. Dalziel, Jr., Atlanta, Ga., Marshall J. Demouy, Mobile, Ala., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before RONEY and HILL, Circuit Judges, and MORGAN, Senior Circuit Judge.

PER CURIAM:

This court, after thoroughly reviewing the record in this case, AFFIRMS on the basis of the order of the Honorable G. Ernest Tidwell, entered on March 18, 1982, Civil Action No. C.81-279A; attached hereto as an addendum.

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

ORDER

The above-styled matter is presently before the court on the defendant's motion for summary judgment. The defendant has filed a statement of undisputed material facts which is uncontroverted by the statement filed in response by the plaintiff, and therefore these facts are deemed to be admitted. Rule 91.72, Local Court Rules, United States District Court for the Northern District of Georgia. The facts which are not in dispute include the following.

Plaintiffs General GMC Trucks, Inc. (hereinafter "General GMC") and General Leasing, Inc. (hereinafter "General Leasing"), Georgia corporations headquartered in Atlanta, are authorized dealers of General Motors over-the-road tractors, trailers, and other trucking equipment used by motor carriers. Defendant Mercury Freight Lines, Inc. (hereinafter "Mercury"), an Alabama corporation headquartered in Mobile, is an interstate motor carrier operating throughout the Southeastern United States and Texas under certificates of public convenience and necessity granted by the Interstate Commerce Commission ("ICC") and by appropriate state regulatory agencies.

Early Rival Motor Express, Inc. (hereinafter "Early Rival") is a Georgia corporation that was organized in September, 1976 to operate as a motor carrier in Georgia and in interstate commerce under certificates of convenience and necessity issued by the ICC and the Georgia Public Service Commission. After Early Rival entered into a contract to purchase certain of the operating rights of Meadors Freight, Inc. (an Atlanta-based motor carrier which had been...

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