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HILT TRUCK LINE, INC. v. UNITED STATES

No. 75-1269.

532 F.2d 1199 (1976)

HILT TRUCK LINE, INC., a corporation, Petitioner, Midwest Coast Transport, Inc., et al., Intervenor-Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Schneider Transport, Inc., Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 31, 1976.

Attorney(s) appearing for the Case

A. J. Swanson, Lincoln, Neb., for petitioner. Stern, Harris, Feldman, Becker & Thompson, Omaha, Neb., and Peterson, Bowman, Coffman & Larsen, Lincoln, Neb., on brief for petitioner Hilt Truck Lines, Inc. and intervenors Midwest Coast Transport, Inc., Kodiak Refrigerated Lines, Inc., and Curtis, Inc.

Lawrence Frier, Atty., I. C. C., Washington, D. C., for appellees, I. C. C. and United States; Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Fritz Kahn, Gen. Counsel, I. C. C., Washington, D. C., on brief.

Charles W. Singer, Fort Lauderdale, Fla., for intervenor-respondent Schneider Transport, Inc.; Singer, Sullivan & Smyth, P. C., Chicago, Ill., Gregory A. Stayart, Fort Lauderdale, Fla., on brief.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

WEBSTER, Circuit Judge.

Hilt Truck Line, Inc. brings this petition for review of a final order of the Interstate Commerce Commission granting the application of Schneider Transport, Inc. for a certificate of public convenience and necessity for operating authority as a common carrier over irregular routes transporting (1) canned goods and animal feed from three states in the far west to a twenty-six state area in the midwest, mideast, and east; and (2) unfrozen dinners...

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