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R-W SERVICE SYSTEM, INC. v. UNITED STATES

No. 76-1538.

580 F.2d 487 (1978)

R-W SERVICE SYSTEM, INC., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Associated Truck Lines, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1978.

Rehearing Denied April 13, 1978.

Attorney(s) appearing for the Case

Martin J. Leavitt, Northville, Mich., for petitioner.

John J. McCarthy, Jr., Atty., I.C.C., Washington, D. C., for respondent. Mark L. Evans, Gen. Counsel, I.C.C., Peter A. Fitzpatrick, Asst. Gen. Counsel, Mary C. Swann, Atty., I.C.C., Donald I. Baker, Asst. Atty. Gen., and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Ronald J. Mastej, Detroit, Mich., for intervenors.

Before BAZELON, Chief Judge, and TAMM and WILKEY, Circuit Judges.

Opinion for the court filed by Circuit Judge TAMM.

Dissenting opinion filed by Chief Judge BAZELON.

TAMM, Circuit Judge:

Petitioner, R-W Service System, Inc. (R-W), appeals from an order1 of the respondent Interstate Commerce Commission (Commission) dated April 27, 1976.2

R-W possesses regular route authority3 to transport general commodities between

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