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CHURCHILL TRUCK LINES, INC. v. UNITED STATES

No. 75-1510.

533 F.2d 411 (1976)

CHURCHILL TRUCK LINES, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, RPD, Inc. and General Motors Corporation, Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1976.

Attorney(s) appearing for the Case

Howard D. Lay, Wentworth E. Griffin & Frank W. Taylor, Jr., Reeder, Griffin, Dysart, Taylor & Penner, P. C., Kansas City, Mo., for petitioners.

Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., and Fritz R. Kahn, Gen. Counsel, and Walter H. Walker, III, Atty., Interstate Commerce Commission, Washington, D. C., for respondents.

James E. McDaniel, Barnard, Baer, Lee, Timm & McDaniel, St. Louis, Mo., Benson T. Buck, General Motors Corp., Detroit, Mich., and Francis W. McInerny and Richard A. Mehley, MacDonald & McInerny, Washington, D. C., for intervenors.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This is an action by which Churchill Truck Lines and other common carriers (petitioners) seek to set aside an order of the Interstate Commerce Commission (Commission) which granted RPD, Inc. (RPD) a permit to perform certain operations as a contract carrier in interstate commerce. This permit authorized RPD to transport specific items for the General Motors parts division (GM)1 over irregular routes in an eleven...

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