ACE MOTOR FREIGHT, INC. v. I. C. C.

No. 76-1008.

557 F.2d 859 (1977)

ACE MOTOR FREIGHT, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Freeport Transport, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1977.


Attorney(s) appearing for the Case

Chester A. Zyblut, Washington, D. C., with whom Karl W. Sonneman, Washington, D. C., was on the brief, for petitioner. Mark Andrews, Washington, D. C., also entered an appearance for petitioner.

Mary Swann, Atty., I. C. C., Washington, D. C., for respondents. Robert S. Burk, Acting Gen. Counsel, I. C. C., Charles H. White, Jr., Associate Gen. Counsel, and Alan J. Thiemann, Atty., I. C. C. Lloyd John Osborn, Washington, D. C., entered an appearance for respondent, United States of America.

Leonard A. Jaskiewicz and William H. Shawn, Washington, D. C., entered appearances for intervenor.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.


Opinion for the Court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Ace Motor Freight, Inc. petitions this court for review of an order of the Interstate Commerce Commission which denied its application for a certificate of public convenience and necessity to transport refractory and clay products and materials from Columbiana, Ohio, Frostburg, Maryland, and Summerville, Pennsylvania to various destination states...

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