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BENMAR TRANSPORT & LEASING CORP. v. I. C. C.

No. 1401, Docket 78-4005.

623 F.2d 740 (1978)

BENMAR TRANSPORT & LEASING CORP., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Consolidated Truck Service, Inc., Intervenor-Respondent.

United States Court of Appeals, Second Circuit.

Decided August 16, 1978.

Submitted March 3, 1980.

Decided June 11, 1980.

Attorney(s) appearing for the Case

Eugene M. Malkin, New York City, for petitioner.

Carl E. Howe, Jr., Atty., I. C. C., Washington, D. C. (Mark L. Evans, Gen. Counsel, Henry F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., John H. Shenefield, Asst. Atty. Gen., Robert L. Thompson, Atty., Dept. of Justice, Washington, D. C., of counsel), for respondents I. C. C. and U. S. A.

Charles W. Beinhauer, New York City (Beinhauer & Rouhana, New York City, of counsel), for intervenor-respondent Consolidated Truck Service, Inc.

Before MESKILL, Circuit Judge, and DUMBAULD and PORT, District Judges.

On Remand from the Supreme Court of The United States.

MESKILL, Circuit Judge:

This action, now before us on remand from the Supreme Court, was initiated by Benmar Transport and Leasing Corp., a contract carrier seeking judicial review of certain orders of the Interstate Commerce Commission.1 The orders appealed from are affirmed.

BACKGROUND

Although the rather convoluted procedural history of this case has been...

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