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COLONIAL REFRIGERATED TRANSP., INC. v. U. S.

No. 76-1834.

555 F.2d 1265 (1977)

COLONIAL REFRIGERATED TRANSPORTATION, INC., Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

July 15, 1977.

Attorney(s) appearing for the Case

E. Stephen Heisley, Elizabeth A. Purcell, Washington, D. C., for petitioner.

Fritz R. Kahn, Gen. Counsel, Carl E. Howe, Jr., (I.C.C.) Robert L. Thompson, Carl D. Lawson, Atty., Lee I. Weintraub, Atty., Antitrust Div., Dept. of Justice, Washington, D. C., for respondents.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This is a "gateway elimination" case.1 Petitioner, Colonial Refrigerated Transportation, Inc., sought to eliminate the gateway of Chattanooga, Tennessee, in an application filed with the Interstate Commerce Commission (ICC) on June 4, 1974. After getting caught in a procedural morass, the application was finally denied and this appeal followed. We vacate and remand for further proceedings.

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