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MILLER TRANSPORTERS, INC. v. UNITED STATES

No. 77-2889.

594 F.2d 463 (1979)

MILLER TRANSPORTERS, INC., and Chem-Haulers, Inc., Petitioners, v. The UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

May 4, 1979.

Attorney(s) appearing for the Case

Harold D. Miller, Jr., Phineas Stevens, Jackson, Miss., for petitioners.

James S. Wilson, Jr., Paris, Ky., for Motor Fuel Carriers, Inc.

Christine Kohl, ICC, Edward E. Lawson, Dept. of Justice, Frederick W. Read, III, ICC, Griffin B. Bell, Atty. Gen., John H. Shenefield, Asst. Atty. Gen., U. S. Dept. of Justice, Mark Evans, ICC, Gen. Counsel, James P. Tuite, Atty., Washington, D. C., for respondents.

W. Guy McKenzie, Jr., Thomas F. Panebianco, Tallahassee, Fla., Sol H. Proctor, Jacksonville, Fla., for McKenzie Tank Lines, Inc.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This is an appeal from an Interstate Commerce Commission (I.C.C.) order granting broad new operating authority to McKenzie Tank Lines, Inc. (McKenzie), a motor common carrier. We find the I.C.C.'s action supported by substantial evidence and not arbitrary or capricious, and affirm the order.

McKenzie is a motor common carrier specializing in the transportation in bulk of petroleum products. McKenzie sought to augment its existing...

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