YOUNGSTOWN CARTAGE CO. v. I.C.C.

Nos. 76-1225 and 77-1337.

571 F.2d 1243 (1978)

The YOUNGSTOWN CARTAGE COMPANY, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. The YOUNGSTOWN CARTAGE CO., Petitioner, v. The INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Associated Truck Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 23, 1978.


Attorney(s) appearing for the Case

John P. McMahon, Columbus, Ohio, for petitioner.

L. Marie Guillory, Atty., I. C. C., with whom Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, I. C. C. and Robert L. Thompson, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents in No. 77-1337.

Charles H. White, Jr., Associate Gen. Counsel, Alan J. Theimann, Atty., I. C. C., Barry Grossman and Joen Grant, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents in No. 76-1225.

Raymond Michael Ripple, Atty., I. C. C. and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., also entered appearances for respondents in No. 76-1225.

Susan J. Atkinson, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent in No. 77-1337.

Earl E. Meisenbach, Grand Rapids, Mich., also entered an appearance for intervenor.

Before BAZELON, Chief Judge, LEVENTHAL and ROBINSON, Circuit Judges.


PER CURIAM.

This Court has before it consolidated appeals from two orders of the Interstate Commerce Commission (ICC). Appeal No. 76-1225 involves a Commission ruling that an application by the Youngstown Cartage Company (YCC) for gateway elimination, which was filed pursuant to the ICC's recent gateway elimination rules,1 was fatally defective. In support of its fourteen part application to...

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