CLARK & REID CO., INC. v. I. C. C.

No. 76-1136.

565 F.2d 733 (1977)

CLARK & REID COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 1977.


Attorney(s) appearing for the Case

James F. Flint, Washington, D. C., with whom Charles Ephraim, Washington, D. C., was on the brief, for petitioner.

Alan J. Thiemann, Atty., I. C. C., Washington, D. C., with whom Arthur J. Cerra, Gen. Counsel, I. C. C., Charles H. White, Jr., Assoc. Gen. Counsel, I. C. C. and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Raymond Michael Ripple and Carl E. Howe, Jr., Attys., I. C. C., Washington, D. C., also entered appearances for respondent I. C. C.

Before TAMM, ROBINSON and ROBB, Circuit Judges.


Opinion per curiam.

PER CURIAM:

Petitioner, Clark & Reid Company, Inc., a motor common carrier, filed two "gateway elimination"1 applications with the Interstate Commerce Commission. With exceptions not pertinent here,2 both applications had as their goal the same direct operating authority, but each took a different procedural course. The Commission granted one of the applications, which sought...

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