NORTH CENTRAL TRUCK LINES, INC. v. I. C. C.

No. 76-1597.

559 F.2d 802 (1977)

NORTH CENTRAL TRUCK LINES, INC., a corporation, Petitioner, v. The INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 1977.

Rehearing Denied June 29, 1977.


Attorney(s) appearing for the Case

Warren H. Sapp, Kansas City, Mo., for petitioner.

Frederick W. Read, III, Atty., I.C.C., Washington, D.C., with whom Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, I.C.C., and Robert J. Wiggers, Atty. Dept. of Justice, Washington, D.C., were on the brief, for respondents. Lloyd John Osborn, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent United States.

Before MacKINNON, ROBB and WILKEY, Circuit Judges.


Opinion for the court filed by Circuit Judge MacKINNON.

WILKEY, Circuit Judge, dissents.

MacKINNON, Circuit Judge:

North Central Truck Lines (hereafter, North Central) is a common carrier by motor vehicle which holds a certificate of public convenience and necessity authorizing it to transport "stock in trade of drugstores" over irregular routes between points in various midwest states. The certificate was acquired from a predecessor concern, Andrew...

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