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KELLER TRUCKING, INC. v. UNITED STATES

Nos. 75-1412, 75-1624 and 75-1876.

567 F.2d 147 (1977)

KELLER TRUCKING, INC. and Contract Carrier Conference of American Trucking Associations, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. CRETE CARRIER CORPORATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents (two cases).

United States Court of Appeals, District of Columbia Circuit.

Decided November 11, 1977.

Rehearing Denied December 8, 1977.

Attorney(s) appearing for the Case

Bernard C. Pestcoe, Miami, Fla., and William P. Sullivan, Washington, D.C., for petitioners.

Kenneth G. Caplan, Atty., I.C.C., Washington, D.C., with whom Arthur J. Cerra, Gen. Counsel, Charles H. White Jr., Associate Gen. Counsel, I.C.C. and Carl D. Lawson, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondents. Richard H. Streeter, Lloyd John Osborn, Frederick W. Read, III, Attys., I.C.C., John H. D. Wigger, Michael J. Pugh and Robert B. Nicholson, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondents.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

These cases present the question of when a far-flung conglomerate should be considered "one person or a limited number of persons" for purposes of Section 203(a)(15) of the Interstate Commerce Act, 49 U.S.C. § 303(a)(15).

Section 303(a)(15) defines a "contract carrier by motor vehicle" as "any person which engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce, for...

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