Nos. 77-3202, 77-3253.

587 F.2d 304 (1978)

LIGON SPECIALIZED HAULER, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. TRANSAMERICAN FREIGHT LINES, INC., Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1978.

Attorney(s) appearing for the Case

William E. Scent, Tarrant, Combs & Bullitt, Lexington, Ky., Bert T. Combs, Louisville, Ky., Carl U. Hurst, Jr., Madisonville, Ky., for petitioner in 77-3202.

Griffin B. Bell, Atty. Gen. of U. S., Dept. of Justice, and Kenneth G. Caplan, I. C. C., Washington, D. C., for respondents in both cases.

Joen Grant, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Robert B. Nicholson, Mark L. Evans, Raymond M. Ripple, Interstate Commerce Commission, Washington, D. C., for respondents in 77-3202.

Thomas E. Reiss, McClintock, Donovan, Carson & Roach, Detroit, Mich., James W. Hagar, William A. Chesnutt, McNees, Wallace & Nurick, Washington, D. C., for petitioner in 77-3253.

Barry Grossman, Wm. D. Coston, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for respondents in 77-3253.

Before EDWARDS, Circuit Judge, PECK, Senior Circuit Judge, and BALLANTINE, District Judge.

JOHN W. PECK, Senior Circuit Judge.

Respondent Interstate Commerce Commission (ICC) has the responsibility under 49 U.S.C. §§ 306-07 of issuing certificates of convenience and necessity to carriers of goods in interstate commerce. Without such a certificate of convenience and necessity, a carrier cannot lawfully transport goods in interstate commerce. Before the ICC approves an application, however, it must determine...

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