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ROSS EXP., INC. v. UNITED STATES

No. 75-1289.

529 F.2d 679 (1976)

ROSS EXPRESS, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, First Circuit.

Decided February 10, 1976.

Attorney(s) appearing for the Case

Grenville Clark, III, Manchester, N. H., with whom McLane, Graf, Greene, Raulerson & Middleton, Manchester, N. H., was on brief, for petitioner.

Lloyd John Osborn, Atty., Interstate Commerce Commission, Washington, D. C., with whom Fritz R. Kahn, Gen. Counsel, Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Richardson & Tyler, Kenneth B. Williams, Boston, Mass., Barrett & Barrett, and John F. O'Donnell, Milton, Mass., on brief for interveners.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

This is a petition for review of a final order of the Interstate Commerce Commission denying the application of petitioner, Ross Express, Inc. ("Ross"), for a certificate of public convenience and necessity under § 207(a) of the Interstate Commerce Act, 49 U.S.C. § 307(a).

On September 4, 1973, Ross filed an application with the Commission seeking authorization to operate in interstate commerce as a common carrier by motor...

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