O-J TRANSPORT CO. v. UNITED STATES

No. 75-1671.

536 F.2d 126 (1976)

O-J TRANSPORT COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, and Associated Truck Lines, Inc., et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1976.


Attorney(s) appearing for the Case

Robert E. McFarland, Bloomfield Hills, Mich., for petitioner.

Joel H. Steiner, Axelrod, Goodman, Steiner & Bazelon, Chicago, Ill., Jack B. Josselson, Cincinnati, Ohio, for intervenor Courier-Newsom.

Fritz R. Kahn, Henri F. Rush, Gen. Counsel, I. C. C., Washington, D. C., Edward H. Levi, U. S. Atty. Gen., John H. D. Wigger, Dept. of Justice, Washington, D. C., for respondents.

Before PECK, MILLER and LIVELY, Circuit Judges.


LIVELY, Circuit Judge.

This is a petition for review of a final order of the Interstate Commerce Commission (Commission) denying the application of petitioner O-J Transport Company (O-J) for a certificate of convenience and necessity under § 207(a) of the Interstate Commerce Act, 49 U.S.C. § 307(a). O-J is a small trucking company owned by two black residents of Detroit, Michigan. It has been engaged in hauling malt beverages from Milwaukee, Wisconsin to...

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