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SENN TRUCKING CO. v. I. C. C.

No. 76-1967.

560 F.2d 1179 (1977)

SENN TRUCKING COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Pre-Fab Transit Co., Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1977.

Attorney(s) appearing for the Case

Joseph L. Howard, Jr. (William P. Jackson, Jr., Jackson & Jessup, Washington, D. C., on brief), for petitioner.

R. Craig Lawrence, Washington, D. C. (Donald I. Baker, Asst. Atty. Gen., Peter L. de la Cruz, Atty., U. S. Dept. of Justice, Mark L. Evans, Gen. Counsel and Peter A. Fitzpatrick, Asst. Gen. Counsel, I.C.C., Washington, D. C., on brief), for respondents.

Chandler L. van Orman, Washington, D. C. (Richard H. Streeter, Washington, D. C., Thomas C. Beach, III, Kenneth H. Ekin, Baltimore, Md., Wheeler & Wheeler, Washington, D. C., and Clapp, Somerville, Black & Honemann, Baltimore, Md., on brief), for intervenor.

Before WINTER, BUTZNER and HALL, Circuit Judges.

WINTER, Circuit Judge:

Senn Trucking Company (Senn) seeks review of orders of the Interstate Commerce Commission (Commission) denying Senn's gateway-elimination application and Senn's subsequent petition for reconsideration. Senn contends that the Commission improperly concluded that Senn had failed to prove a public need for the proposed service and that it was error for the Commission to decline to grant a "G" application for service where Senn had secured the protection...

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