No. 16798.

302 F.2d 906 (1962)

MONTGOMERY CHARTER SERVICE, INC., Petitioner, v. The WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent, Airport Transport, Inc., D. C. Transit, Inc., Washington, Virginia and Maryland Coach Company, Inc., A. B. & W. Transit Company and The Gray Line, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1962.

Attorney(s) appearing for the Case

Messrs. William F. Reed and Robert J. Stanford, Washington, D. C., for petitioner.

Mr. Russell W. Cunningham, General Counsel, Washington Metropolitan Area Transit Commission, for respondent.

Mr. Frederick A. Babson, Jr., Washington, D. C., for intervenor Airport Transport, Inc., argued for all intervenors. Messrs. L. C. Major, Jr., A. C. Vance, John R. Sims, Jr., Harold Smith and Manuel J. Davis were on the brief for intervenors. Mr. S. Harrison Kahn, Washington, D. C., entered an appearance for intervenors A. B. & W. Transit Company and The Gray Line, Inc.

Before WILBUR K. MILLER, Chief Judge, and BASTIAN and BURGER, Circuit Judges.

WILBUR K. MILLER, Chief Judge.

In November, 1961, Montgomery Charter Service, Inc., applied to The Washington Metropolitan Area Transit Commission for a certificate of public convenience and necessity to operate motor vehicles having a seating capacity of not more than eight passengers in sightseeing, charter, contract and airport terminal services in the Commission's jurisdictional area. But, as it thought it was exempt from such regulation and desired to test its...

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