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DART TRANS. CO. v. UNITED STATES

No. 77-1173.

567 F.2d 818 (1977)

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

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1977.

Attorney(s) appearing for the Case

James C. Hardman (argued), Chicago, Ill., for petitioner; Brainerd W. LaTourette, St. Louis, Mo., on brief.

Kenneth P. Kolson (argued), I. C. C., Washington, D. C., for respondent; Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, I. C. C., Washington, D. C., John H. Shenefield, Acting Asst. Atty. Gen., Robert B. Nicholson, Susan J. Atkinson, Dept. of Justice, Washington, D. C., on brief.

Before GIBSON, Chief Judge, LAY and STEPHENSON, Circuit Judges.

PER CURIAM.

The petitioner, Dart Transit Company, is operating under a carrier's permit issued by the Interstate Commerce Commission that in certain respects was limited and interpreted under a Cease and Desist Order issued on May 26, 1952. That order held that Dart was transporting tin plate without appropriate authority. Dart filed a petition with the ICC to modify the Cease and Desist Order on September 25, 1974, alleging that conditions had changed since 1952...

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