No. 77-1689.

587 F.2d 1333 (1978)

WILLIS SHAW FROZEN EXPRESS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Iowa Beef Processors, Inc., Colonial Refrigerated Transportation, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 1978.

Attorney(s) appearing for the Case

Gerald K. Gimmel, Gaithersburg, Md., for petitioner; James E. Savitz and Steven L. Weiman, Washington, D. C., were on brief, for petitioner.

L. Marie Guillory, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel and Charles H. White, Jr., Associate Gen. Counsel, Washington, D. C., were on brief, for respondents.

E. Stephen Heisley, Washington, D. C., was on brief, for intervenor, Colonial Refrigerated Transp., Inc.

John J. Powers, III and James F. Ponsoldt, Attys., Dept. of Justice, Washington, D. C., for respondent, United States of America.

Eugene D. Anderson, Washington, D. C., for intervenor, Iowa Beef Products, Inc.

Before TAMM and MacKINNON, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by MARKEY, Chief Judge.

MARKEY, Chief Judge:

Willis Shaw Frozen Express, Inc. (Shaw) petitions for review of an order of the Interstate Commerce Commission (Commission) of July 22, 1977. We affirm.

The order partially denied Shaw's application for a certificate of public convenience and necessity, filed pursuant to Section 207 of the Interstate Commerce Act, 49 U.S.C. § 307...

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