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WARD TRUCKING CORP. v. UNITED STATES

No. 77-1220.

574 F.2d 168 (1978)

WARD TRUCKING CORP., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Central Storage & Transfer Co. of Harrisburg, Intervenor.

United States Court of Appeals, Third Circuit.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Henry M. Wick Jr., Charles J. Streiff, Wick, Vuono & Lavelle, Pittsburgh, Pa., for petitioner.

Robert B. Nicholson, Daniel J. Conway, Dept. of Justice, Washington, D.C., for respondent United States of America.

Carl E. Howe, Jr., I. C. C., Washington, D.C., for respondent Interstate Commerce Commission.

Christian V. Graf, Harrisburg, Pa., for intervenor.

Before GIBBONS and VAN DUSEN, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

CLARKSON S. FISHER, District Judge.

This petition for review of an order of the Interstate Commerce Commission raises the question whether Ward Trucking Co., (hereinafter Ward), a party to the Interstate Commerce Commission certification hearing, which voluntarily withdrew from that proceeding after acceptance of a restrictive amendment by the Administrative Law Judge, should be permitted to reopen those hearings because of a failure...

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