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DART TRUCKING CO., INC. v. UNITED STATES

No. 75-2411.

555 F.2d 555 (1977)

DART TRUCKING COMPANY, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 18, 1977.

As Amended May 20, 1977.

Attorney(s) appearing for the Case

Richard L. Goodman, Paul F. Beery Co., L.P.A., Columbus, Ohio, for petitioner.

Christine N. Kohl, Carl E. Howe, Jr., Gen. Counsel, I.C.C., Washington, D.C., Edward Levi, Atty. Gen. of U.S., Dept. of Justice, Washington, D.C., for respondents.

Before PHILLIPS, Chief Judge, and WEICK and EDWARDS, Circuit Judges.

PER CURIAM.

This is an action by Dart Trucking Co., Inc., a motor carrier, to review and set aside orders of the Interstate Commerce Commission entered in its Docket No. MC-121420 (Sub. Nos. E1 and E2). The Commission refused to eliminate certain of Dart's gateways which would have effected the announced ICC policy of reducing operating mileage and saving fuel. The sole ground stated by the Commission for its action is that Dart's "letter-notices" were filed too late...

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