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WINGATE TRUCKING CO., INC. v. I. C. C.

No. 76-1127 Summary Calendar.

535 F.2d 909 (1976)

WINGATE TRUCKING COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

July 23, 1976.

Attorney(s) appearing for the Case

Thomas F. Panebianco, W. Guy McKenzie, Jr., Tallahassee, Fla., for petitioner.

Thomas E. Kauper, Asst. Atty. Gen., Lee Weintraub, Atty., Antitrust Div., Dept. of Justice, Washington, D. C., Arthur J. Cerra, Gen. Counsel, Christine N. Kohl, Interstate Commerce Comm., Washington, D. C., for respondent.

Robert E. Born, J. Michael May, Gary W. Sawyer, Atlanta, Ga., for Home Transp. Co.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

Wingate Trucking Company petitions this court for review, pursuant to 28 U.S.C. §§ 2321 and 2342, of a decision and order of the Interstate Commerce Commission denying petitioner's request for additional authority.

On October 30, 1974, Wingate filed an application with the ICC seeking a certificate of public convenience and necessity granting irregular route authority to transport by motor vehicle...

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