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BARNES FREIGHT LINE, INC. v. I. C. C.

Nos. 76-2437, 76-2438, 76-2545, 76-2439, 76-2440, 76-2441, 76-2442.

569 F.2d 912 (1978)

BARNES FREIGHT LINE, INC., Petitioner, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Ross Neely Express, Inc., Intervenor-Respondent. BOWMAN TRANSPORTATION, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Ross Neely Express, Inc., Intervenor-Respondent. GEORGIA HIGHWAY EXPRESS, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Ross Neely Express, Inc., Intervenor-Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 24, 1978.

Attorney(s) appearing for the Case

Frank D. Hall, Atlanta, Ga., for petitioner, Barnes Freight Line, Inc.

Arthur J. Cerra, Gen. Counsel, I.C.C., Carl E. Howe, Jr., Griffin B. Bell, U. S. Atty. Gen., Lloyd John Osborn, Atty., U. S. Dept. of Justice, Washington, D. C., for I.C.C.

Robert S. Richard, William K. Martin, Montgomery, Ala., for Ross Neely Express, Inc.

Edward G. Villalon, Washington, D. C., Maurice F. Bishop, Birmingham, Ala., for Bowman Transp. et al.

Phineas Stevens, Jackson, Miss., for Campbell Sixty-Six Express.

Bates Block, Atlanta, Ga., for Georgia Highway Express.

William Somerville, Mel P. Booker, Jr., Alexandria, Va., for Baggett.

Richard R. Sigmon, Drew L. Carraway, Washington, D. C., for Mercury Freight.

Before WISDOM and GEE, Circuit Judges, and VAN PELT, District Judge.

Rehearing and Rehearing En Banc Denied April 24, 1978.

WISDOM, Circuit Judge:

These cases concern orders of the Interstate Commerce Commission involving motor carriers' applications for permanent and temporary operating authority. The implications of the cases extend beyond the arcane realm of motor carrier law. They bring into question the integrity of the administrative process in I.C.C. proceedings. We hold that the Commission abused its authority by reinstating...

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