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CAMPBELL SIXTY-SIX EXPRESS, INC. v. I. C. C.

No. 78-1060.

603 F.2d 1012 (1979)

CAMPBELL SIXTY-SIX EXPRESS, INC. and Gordons Transports, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Deaton, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1979.

Attorney(s) appearing for the Case

Ellen K. Schall, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, I. C. C., Robert B. Nicholson and Robert Lewis Thompson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Kim D. Mann, Washington, D. C., was on the brief, for intervenor.

John J. Powers, III, and Frederic Freilicher, Attys., Dept. of Justice, Washington, D. C., entered appearances, for respondents.

Charles Ephraim, Washington, D. C., with whom James F. Flint, Washington, D. C., Phineas Stevens, Harold D. Miller, Jr., Jackson, Miss., were on the brief, for petitioners.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM.

This is an appeal from an ICC order issuing an unrestricted certificate of public convenience and necessity (pursuant to section 207(a) of the ICC Act, 49 U.S.C. § 307(a)) to Deaton, Inc., a "motor common carrier." Petitioners are competing common carriers. They allege that the ICC's failure to restrict Deaton's certificate to prohibit "tacking"1 will allow Deaton to compete with and injure...

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