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HOLIDAY TOURS, INC. v. WASHINGTON MET. AREA TRANS. COM'N

No. 18561.

352 F.2d 672 (1965)

HOLIDAY TOURS, INC., Petitioner, v. WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Respondent, A.B. & W. Transit Company, The Gray Line, Inc., Washington, Virginia & Maryland Coach Company, Inc., of Arlington, Virginia, D. C. Transit System, Inc., of Washington, D. C., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Mr. Leonard A. Jaskiewicz, Washington, D. C., with whom Mr. J. William Cain, Washington, D. C., was on the brief, for petitioner. Mr. Louis M. Kaplan, Washington, D. C., also entered an appearance for petitioner.

Mr. Russell W. Cunningham, Arlington, Va., for respondent.

Mr. S. Harrison Kahn, Washington, D. C., who was on the brief for Intervenors A. B. & W. Transit Co. and Gray Line, Inc., argued for all intervenors.

Messrs. John R. Sims, Jr., Harold Smith, and Gordon Allison Phillips, Washington, D. C., were on the brief for intervenor D. C. Transit System, Inc., of Washington, D. C.

Mr. Manuel J. Davis, Washington, D. C., was on the brief for intervenor Washington, Virginia & Maryland Coach Co., Inc., of Arlington, Virginia.

Before WASHINGTON, BURGER and WRIGHT, Circuit Judges.

WASHINGTON, Circuit Judge.

Holidays Tours, Inc., seeks review of two orders of the Washington Area Transit Commission denying, initially and on reconsideration, its application for a certificate of public convenience and necessity, based on "grandfather" rights, under Article XII, Section 4(a) of the Washington Metropolitan Area Transit Regulation Compact, Pub.L. 86-794, 74 STAT. 1031, 1037 (1960).1 Its application asked for authority...

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