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ACE DORAN HAULING & RIGGING CO. v. UNITED STATES

No. 75-2105.

545 F.2d 1046 (1976)

ACE DORAN HAULING & RIGGING CO., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1976.

Attorney(s) appearing for the Case

John P. McMahon, A. Charles Tell, George, Greek, King, McMahon & McConnaughey, Columbus, Ohio, for petitioner.

R. Craig Lawrence, Raymond Michael Ripple, Gen. Counsel, I. C. C., Washington, D. C., James T. Proctor, Robert B. Nicholson, Washington, D. C., Edward H. Levi, Atty. Gen., Dept. of Justice, John H. D. Wigger, Washington, D. C., for respondents.

Before PHILLIPS, Chief Judge, and McCREE and ENGEL, Circuit Judges.

PER CURIAM.

Petitioner seeks review in this court of an order of the Interstate Commerce Commission, Docket No. MC-112304 (Sub-No. 65), which granted in part and denied in part petitioner's application for a certificate of public convenience and necessity under Section 207(a) of the Interstate Commerce Act, 49 U.S.C. § 307(a). Jurisdiction lies in this court pursuant to 28 U.S.C. § 2342.

Petitioner is a common carrier which possesses a "heavy hauler...

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