MERCHANTS FAST MOTOR LINES, INC. v. I. C. C.

No. 75-2191.

528 F.2d 1042 (1976)

MERCHANTS FAST MOTOR LINES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1976.


Attorney(s) appearing for the Case

Jerry C. Prestridge, Austin, Tex., for petitioner.

John D. Hughes, Asst. Atty. Gen., Austin, Tex., for Railroad Commission of Texas.

Fritz R. Kahn, Gen. Counsel, I.C.C., Betty Jo Christian, James T. Proctor, Raymond M. Ripple, John H. D. Wigger, Dept. of Justice, Peter M. Shannon, Jr., I.C.C., Washington, D.C., for respondent.

James E. Snead, Santa Fe, N.M., for Whitfield Transportation, Inc.

Before GOLDBERG, DYER and RONEY, Circuit Judges:


DYER, Circuit Judge.

Merchants petitions us to set aside the grant of a permanent alternate route by the Interstate Commerce Commission to a competing carrier, Whitfield. Merchants argues that the ICC's approval of the route is invalid because of lack of jurisdiction and insufficiency of the evidence. The central issue posed by Merchants is whether the ICC has jurisdiction to permit an interstate carrier to move traffic interstate in character, for operating convenience...

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