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CAPE AIR FREIGHT, INC. v. UNITED STATES

No. 77-1187.

586 F.2d 170 (1978)

CAPE AIR FREIGHT, INC., a corporation, Petitioner, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents, Film Transit, Inc., et al., Intervening Respondents.

United States Court of Appeals, Tenth Circuit.

Decided November 6, 1978.

Rehearing Denied December 28, 1978.

Attorney(s) appearing for the Case

Warren H. Sapp, Kansas City, Mo., for petitioner.

Wayne M. Senville, I. C. C., Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., John J. Powers, III, and Edward Lawson, Dept. of Justice, and Mark L. Evans and Henri F. Rush, Gen. Counsel, Washington, D. C., on the brief), for respondents.

Thomas A. Stroud, Washington, D. C. (Robert G. Shepherd, Jr., Memphis, Tenn., on the brief), of Goff, Sims, Cloud, Stroud & Shepherd, Memphis, Tenn., and Denver, Colo., for intervening respondents.

Before McWILLIAMS and BARRETT, Circuit Judges, and COOK, District Judge.

BARRETT, Circuit Judge.

This proceeding is before us on a petition for review filed by Cape Air Freight, Inc. (Cape) of orders entered by the Interstate Commerce Commission (ICC) requiring Cape to cease and desist from certain operations and practices in performance of some certificated transportation services. The orders arise from proceedings initiated January 30, 1973, on a "Petition Under Rule 102 Seeking Extraordinary Relief" filed by some nine (9) intervening...

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