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CRETE CARRIER CORP. v. UNITED STATES

No. 77-1765.

577 F.2d 49 (1978)

CRETE CARRIER CORPORATION, a corporation, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Smithway Motor Xpress, Inc., Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1978.

Attorney(s) appearing for the Case

John H. Shenefield, Asst. Atty. Gen., John J. Powers, III and Robert Lewis Thompson, Attys., Dept. of Justice, Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel and David Popowski, Atty., I. C. C., Washington, D. C., for respondents.

Richard A. Peterson, Lincoln, Neb., for petitioner.

Arlyn L. Westergren, Omaha, Neb., for intervening respondent.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

ROSS, Circuit Judge.

Crete Carrier Corporation (Crete Carrier) has petitioned this court to set aside an order of the Interstate Commerce Commission. The order in question affirmed an order of the Commission's Review Board Number 3 granting common carrier operating authority to Smithway Motor Xpress, Inc. (Smithway). We deny Crete Carrier's petition.

I.

On February 16, 1976, Smithway filed an application...

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