INTERNATIONAL DETECTIVE SERVICE, INC. v. I. C. C.

Nos. 78-1812, 78-2154 and 79-1045.

613 F.2d 1067 (1979)

INTERNATIONAL DETECTIVE SERVICE, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Wells Fargo Armored Service Corporation, Intervenor. PUROLATER SECURITY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Armored Transport, Inc., Intervenor. INTERNATIONAL DETECTIVE SERVICE, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Purolator Security, Inc., Brink's Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 1979.


Attorney(s) appearing for the Case

Morris J. Levin, with whom Levin & Toomey, Washington, D. C., were on the brief, for petitioner in No. 78-1812 and No. 79-1045.

Peter A. Greene, Washington, D. C., with whom Norman J. Philion, III and Thompson, Hine, Caldwell & Greene, Washington, D. C., were on the brief, for Purolator Security, Inc.

H. Glenn Scammel, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Kenneth G. Caplan, Deputy Associate Counsel, I. C. C., John H. Shenefield, Asst. Atty. Gen., Barry Grossman, Chief, Appellate Section, and Robert J. Wiggers, Atty., Antitrust Division, Dept. of Justice, Washington, D. C., were on the brief, for respondents in No. 78-1812.

H. Glenn Scammel, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Kenneth G. Caplan, Deputy Associate Gen. Counsel, I. C. C., John H. Shenefield, Asst. Atty. Gen., John J. Powers, III, Asst. Chief, Appellate Section, and J. Mark Manner, Atty., Antitrust Division, Dept. of Justice, Washington, D. C., were on the brief, for respondents in No. 79-1045.

Harry J. Jordan, David E. Wells, and MacDonald & McInerny, Washington, D. C., were on the brief for intervenor, Wells Fargo Armored Service Corporation, in No. 78-1812.

Theodore W. Russell, Robert W. Hancock, and Russell, Schureman & Hancock, Los Angeles, Cal., were on the brief for intervenor, Armored Transport, Inc., in No. 78-2154.

Chandler L. van Orman and Wheeler & Wheeler, Washington, D. C., were on the brief for intervenor Brink's Incorporated, in No. 79-1045.

Before ROBINSON and MacKINNON, Circuit Judges, and DAVIS, Judge, United States Court of Claims.


Opinion for the Court filed by Judge DAVIS.

DAVIS, Judge:

These three related motor carrier cases involve Interstate Commerce Commission decisions which reflect a new stress on the shipper's need for competition. In each case the ICC granted applications for contract carrier permits providing for new entry into routes served by the armored carrier industry. Not surprisingly the existing carriers in those fields have challenged the Commission. We conclude that...

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