FROZEN FOOD EXPRESS, INC. v. UNITED STATES

No. 75-4446.

535 F.2d 877 (1976)

FROZEN FOOD EXPRESS, INC., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 21, 1976.


Attorney(s) appearing for the Case

Ralph W. Pulley, Jr., Dallas, Tex., for petitioner.

Arthur J. Cerra, Gen. Counsel, ICC, Alan J. Thiemann, Atty., Thomas E. Kauper, Asst. Atty. Gen., Robert B. Nicholson, Edward E. Lawson, Attys., Dept. of Justice, Washington, D.C., for respondents.

Before AINSWORTH, MORGAN and RONEY, Circuit Judges.


AINSWORTH, Circuit Judge:

This is a petition for review of an adverse order of the Interstate Commerce Commission filed by Frozen Food Express, Inc. (FFE), a motor common carrier transporting designated commodities over irregular routes in interstate commerce. FFE's gateway elimination application (Form OP-OR-9) was timely filed with the Commission and sought the elimination of gateways at points in Texas and Louisiana. "A gateway results from a motor common carrier...

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