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BLUE & GREY TRANSIT, INC. v. UNITED STATES

No. 79-1414.

606 F.2d 437 (1979)

BLUE AND GREY TRANSIT, INC., et al., Petitioners, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents, Boise-Winnemucca Stages, Inc., et al., intervenor-petitioner Intervenors, Southeastern Stages, Inc., intervenor-petitioner Intervenors, Trailways, Inc., intervenor-respondent Intervenor, American Bus Association, intervenor-petitioner Intervenor, Las Vegas-Tonapah-Reno Stage Lines, Inc., intervenor-petitioner Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1979.

Attorney(s) appearing for the Case

John M. Ballenger, Washington, D. C., Samuel Zinder, Great Neck, N. Y. (Lawrence E. Lindeman, John R. Sims, Jr., Washington, D. C., Bates Block, Atlanta, Ga., Charles A. Webb, Washington, D. C., on brief), for petitioners and intervenor-petitioners.

James P. Tuite, Deputy Associate Gen. Counsel, Interstate Commerce Commission, Robert Lewis Thompson, Dept. of Justice, Washington, D. C. (John H. Shenefield, Asst. Atty. Gen., Robert B. Nicholson, Asst. Chief, App. Section, Antitrust Div., Mark L. Evans, Gen. Counsel, Interstate Commerce Commission, Washington, D. C., on brief), for respondent USA and Interstate Commerce Commission.

Before HAYNSWORTH, Chief Judge, and WINTER and MURNAGHAN, Circuit Judges.

MURNAGHAN, Circuit Judge:

Acting on a request from Trailways, Inc. made on April 30, 1979, the Interstate Commerce Commission on July 12, 1979,1 announced that temporary authority to operate interstate bus service would be granted to any person who applied for it and who met certain criteria relating to the proposed new service. Ex parte No. MC-126, General Temporary Order No. 18, 44 Fed.Reg. 41,999 (1979).2

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