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NIEDERT MOTOR SERVICE, INC. v. UNITED STATES

No. 77-1566.

583 F.2d 954 (1978)

NIEDERT MOTOR SERVICE, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, LaPorte Transit, Inc., Artim Transportation, Inc., Burren Transfer Company, C. P. T. Freight, Inc., Knox Motor Service, Inc., Landgrebe Motor Transport, Inc., Liberty Trucking Co., Peet Frate Line, Inc., Rudolph Express Co., South Bend Freight Line, Inc., Tucker Freight Lines, Inc., and Welsh Bros. Motor Service, Inc., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1978.

Attorney(s) appearing for the Case

William D. Brejcha, Chicago, Ill., for petitioner.

Robert Lewis Thompson, Dept. of Justice, L. Marie Guillory, Washington, D. C., for respondents.

Before FAIRCHILD, Chief Judge, and SPRECHER and TONE, Circuit Judges.

TONE, Circuit Judge.

Before us is a petition to set aside an order of the Interstate Commerce Commission denying a motor carrier a certificate of public convenience and necessity to carry goods in interstate and foreign commerce. We set aside the order because of errors of law committed by the Commission and remand the case for further proceedings.

Petitioner's Operations and Application for Authority

Since 1925 petitioner Niedert Motor Service...

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