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CHEM-HAULERS, INC. v. UNITED STATES

No. 75-2021.

536 F.2d 610 (1976)

CHEM-HAULERS, INC., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

August 4, 1976.

Attorney(s) appearing for the Case

Walter Harwood, Nashville, Tenn., Maxwell A. Howell, Washington, D. C., for petitioner.

Thomas E. Kauper, Asst. Atty. Gen., John H. D. Wigger, Peter M. Shannon, Jr., Attys., Dept. of Justice, Washington, D. C., for the U. S.

Fritz R. Kahn, Kenneth G. Caplan, Hugh W. Cuthbertson, I. C. C., Washington, D. C., for I. C. C.

E. Stephen Heisley, Karl W. Sonneman, Washington, D. C., David A. Lang, New Orleans, La., for intervenor Colonial Freight Lines.

Phineas Stevens, Rhesa H. Barksdale, Jackson, Miss., Kim D. Mann, Washington, D. C., for intervenor Deaton, Inc.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Petitioner Chem-Haulers, Inc. brings this action to review, enjoin, annul, and suspend an order of the Interstate Commerce Commission (the Commission, I.C.C.) granting Colonial Fast Freight Lines, Inc. (Colonial) a certificate of public convenience and necessity to act as a common carrier of nonferrous scrap metal and certain other non-ferrous items between Attalla, Alabama and Steele, Alabama, to and from other points within the eastern half...

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