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EAGLE MOTOR LINES, INC. v. I. C. C.

No. 76-2098.

545 F.2d 1015 (1977)

EAGLE MOTOR LINES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.

Attorney(s) appearing for the Case

Douglas Arant, Birmingham, Ala., Mark J. Andrews, Fritz R. Kahn, Washington, D.C., for petitioner.

Edward H. Levi, U. S. Atty. Gen., U. S. Dept. of Justice, Lloyd John Osborn, Antitrust Div., App. Sec., Dept. of Justice, Washington, D.C., Arthur J. Cerra, Gen. Counsel, ICC, Walter H. Walker, III, Atty., ICC, Washington, D.C., for respondents.

Before RIVES and MORGAN, Circuit Judges, and VARNER, District Judge.

LEWIS R. MORGAN, Circuit Judge:

Petitioner Eagle Motor Lines, Inc. (Eagle) seeks review of an order of the Interstate Commerce Commission (ICC) revoking Eagle's authority to operate under the ICC's gateway elimination rules.1 Eagle challenges the ICC order on the basis that the Commission should have granted Eagle an opportunity to be heard before revoking the authority.2

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