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S. C. LOVELAND CO., INC. v. UNITED STATES

No. 75-1310.

534 F.2d 958 (1976)

S. C. LOVELAND CO., INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Union Mechling Corp. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1976.

Attorney(s) appearing for the Case

Neal A. Jackson, Washington, D. C., with whom Donald Macleay, Washington, D. C., was on the brief, for petitioner, also entered an appearance for intervenors, Union Mechling Corporation, American Commercial Barge Lines, Puget Sound Tug & Barge Co., and Dwyer Lighterage, Inc.

Walter H. Walker, III, Atty., I. C. C., with whom Fritz R. Kahn, Gen. Counsel, I. C. C., and John H. Wigger, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Betty Jo Christian and James Kurth, Attys., I. C. C., Washington, D. C., also entered appearances for respondent Interstate Commerce Commission.

Daniel B. Johnson, Washington, D. C., with whom James Anton, Washington, D. C., was on the brief, for intervenor Hoffman International, Inc.

Before McGOWAN and LEVENTHAL, Circuit Judges, and ALBERT V. BRYAN, Jr., United States District Judge for the Eastern District of Virginia.

Opinion for the Court filed by District Judge BRYAN.

ALBERT V. BRYAN, Jr., District Judge:

This is a review of two decisions of the Interstate Commerce Commission (hereafter the "Commission"). Jurisdiction is present by virtue of 28 U.S.C. § 2342(5). The first decision, on November 8, 1974, granted to the intervenor Hoffman International, Inc. ("Hoffman") an exemption under § 303(e)(2) of the Interstate Commerce Act, 49 U.S.C. § 903(e)(2) (the...

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