HUMBOLDT EXP., INC. v. I. C. C.

No. 76-1972.

567 F.2d 1134 (1977)

HUMBOLDT EXPRESS, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Robert L. Curtis and Southern Forwarding Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1977.


Attorney(s) appearing for the Case

Henry E. Seaton, Washington, D. C., with whom Walter Harwood, Nashville, Tenn., was on the brief, for petitioners.

Jeffrey A. Knoll, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Peter A. Fitzpatrick, Asst. Gen. Counsel, I. C. C., Washington, D. C., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. James F. Ponsoldt, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent, United States of America.

James N. Clay, III, Memphis, Tenn., for intervenors.

Before TAMM and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.


Opinion PER CURIAM.

PER CURIAM:

Pursuant to a certificate of public convenience and necessity issued by the Interstate Commerce Commission on April 26, 1963, Southern Forwarding Co. ("Southern") is authorized to conduct motor vehicle common carrier transportation services over a described regular route between Memphis, Tennessee and Louisville, Kentucky (J.A. 14). This certificate, referred to as the "lead" certificate, restricts Southern's authorization to...

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