C & H TRANSP. CO., INC. v. I. C. C.

No. 77-1389.

589 F.2d 565 (1978)

C & H TRANSPORTATION CO., INC., Daily Express, Inc., & Dallas & Mavis Forwarding Co., Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION & United States of America, Respondents. Ace Doran Hauling & Rigging Co., Home Transportation Company, Inc., Aero Trucking, Inc., Miller's Motor Freight, Inc., Wales Transportation, Inc., J. H. Rose Truck Line, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 10, 1978.

Rehearing Denied October 31, 1978.

Certiorari Denied February 21, 1979.

Attorney(s) appearing for the Case

William A. Chesnutt, Washington, D. C., for petitioners.

Carl E. Howe, Jr., Atty., Interstate Commerce Commission, Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Charles H. White, Jr., Associate Gen. Counsel, Interstate Commerce Commission, and James F. Ponsoldt, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

John P. McMahon, Columbus, Ohio, was on the brief for intervenor, Aero Trucking, Inc.

James M. Doherty and Robert J. Birnbaum, Austin, Tex., were on the brief for intervenor, J. H. Rose Truck Line, Inc.

J. Michael Alexander, Salem, Or., was on the brief for intervenors, Wales Transportation, Inc. & H. J. Jeffries Truck Line, Inc.

Jeffrey Kohlman, Atlanta, Ga., was on the brief for intervenor, Home Transportation Company, Inc.

Jeremy Kahn and S. Harrison Kahn, Washington, D. C., entered appearances for intervenor, Miller's Motor Freight, Inc.

William A. Chesnutt, Washington, D. C., also entered an appearance for intervenor, Ace Doran Hauling & Rigging Co.

Carl D. Lawson and James F. Ponsoldt, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

Before DANAHER, Senior Circuit Judge, and TAMM and WILKEY, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

This appeal seeks to set aside orders of the Interstate Commerce Commission (Commission) authorizing a gateway elimination in conjunction with the grant of an application to purchase motor carrier authority. Because we find that a portion of the Commission's broad authorization is not supported by substantial evidence, we vacate the Commission's orders in part and remand for further proceedings...


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