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B. J. McADAMS, INC. v. I. C. C.

Nos. 76-1255, 76-1337, 76-1423.

551 F.2d 1112 (1977)

B. J. McADAMS, INC., Petitioner, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents (two cases). B. J. McADAMS, INC., Petitioner, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, and Midwest Emery Freight System, Inc. and Hilt Truck Line, Inc., Intervenor-Respondents.

United States Court of Appeals, Eighth Circuit.

Decided March 4, 1977.

Rehearing and Rehearing Denied April 28, 1977.

Attorney(s) appearing for the Case

Eugene D. Anderson (argued), Washington, D. C., and Michael G. Thompson, Smith, Williams, Friday, Eldredge & Clark, Little Rock, Ark., on brief for B. J, McAdams, Inc.

Robert L. Thompson, I. C. C., Washington, D. C., argued; Donald I. Baker, Asst. Atty. Gen., Edward E. Lawson, Jr., Atty., Dept. of Justice, Washington, D. C., for United States, and Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, and R. Craig Lawrence and Mary C. Swann, Attys., I. C. C., Washington, D. C., on brief, for Interstate Commerce Commission.

Richard A. Kerwin (argued), Burke, Kerwin & Towle, Chicago, Ill., on brief, for Midwest Emery Freight System, Inc. and Hilt Truck Line.

Before STEPHENSON, WEBSTER and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 28, 1977.

STEPHENSON, Circuit Judge.

B. J. McAdams, Inc. petitions for review of three final Interstate Commerce Commission orders denying its applications for certificates of public convenience and necessity for operating authority as a common carrier over irregular routes transporting candy, frozen foods and hardware supplies between various points in the United States. The Commission's denial of all three of...

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