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WASHINGTON M. A. T. COM'N v. UNIVERSAL INTERP. SHUTTLE CORP.

Nos. 20975-20978.

390 F.2d 474 (1967)

WASHINGTON METROPOLITAN AREA TRANSIT COMMISSION, Washington Sightseeing Tours, Inc., Blue Lines, Inc., White House Sightseeing Corp., and D. C. Transit System, Inc., Appellants, v. UNIVERSAL INTERPRETIVE SHUTTLE CORPORATION (a California corporation), Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1967.

Petition for Rehearing Denied October 3, 1967.

Attorney(s) appearing for the Case

Mr. Russell W. Cunningham, Arlington, Va., for appellant in No. 20,975.

Mr. J. William Cain, Jr., Washington, D. C., with whom Mr. Robert R. Redmon, Washington, D. C., was on the brief, for appellant in No. 20,976 and appellant Blue Lines, Inc., in No. 20,977. Mr. Leonard A. Jaskiewicz, Washington, D. C., was also on the brief for appellant Blue Lines, Inc., in No. 20,977. Mr. Linwood C. Major, Jr., Washington, D. C., also entered an appearance for appellant in No. 20,976.

Mr. Manuel J. Davis, Washington, D. C., with whom Mr. Samuel M. Langerman, Washington, D. C., was on the brief, for appellant in No. 20,978.

Mr. Ralph S. Cunningham, Jr., Washington, D. C., with whom Mr. Thomas P. Meehan, Washington, D. C., was on the brief, for appellee.

Mr. Thomas L. McKevitt, Atty., Department of Justice, with whom Mr. Roger P. Marquis, Atty., Department of Justice, was on the brief, for United States as amicus curiae. Asst. Atty. Gen. Edwin L. Weisl, Jr., also entered an appearance for the United States as amicus curiae.

Before FAHY, Senior Circuit Judge, and DANAHER and ROBINSON, Circuit Judges.

Petition for Rehearing En Banc Denied October 3, 1967.

ORDER

PER CURIAM.

Whereas a majority of the court are of the opinion that the various relevant statutory provisions, construed in relation one to the other, especially in view of the physical location of the Mall in the Metropolitan area of the District of Columbia, do not afford authority to the appellee Universal Interpretive Shuttle Corporation validly to engage in such transportation for...

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