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ALLEGHANY CORP. v. UNITED STATES

No. 76-1493.

554 F.2d 615 (1977)

ALLEGHANY CORPORATION d/b/a Jones Motor et al., Petitioners, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents, Robert E. Mack, II et al., Intervenor-Respondents.

United States Court of Appeals, Third Circuit.

Decided April 27, 1977.

Attorney(s) appearing for the Case

Ira G. Megdal, Hyland, Davis & Reberkenny, Cherry Hill, N. J., for petitioners.

Mark L. Evans, and Robert Lewis Thompson, I.C.C., Donald I. Baker, and Lee I. Weintraub, Dept. of Justice, Washington, D.C., for respondents.

Daniel B. Johnson, Clyde E. Herring, Washington, D.C., for intervenor-respondents.

Before GIBBONS and ROSENN, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

HANNUM, District Judge.

Presently before the Court is an appeal from an order of the Interstate Commerce Commission (Commission) which authorized Mack Transportation Company of Philadelphia (Mack) to convert from contract carrier to common carrier status pursuant to section 207 of the Interstate Commerce Act (Act), 49 U.S.C. § 307.

Mack, a family-controlled partnership, has operated...

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