MAY TRUCKING CO. v. UNITED STATES

No. 76-2068.

593 F.2d 1349 (1979)

MAY TRUCKING COMPANY, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Anthony G. Ayala, d/b/a Queen City Trucking, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1979.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, Or., for petitioner.

Carl E. Howe, Jr., Atty., I.C.C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Robert S. Buck, Deputy Gen. Counsel, I.C.C., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondent.

Ronald P. Erickson, Seattle, Wash., was on brief, for intervenor.

Before ROBINSON, ROBB and WILKEY, Circuit Judges.


Opinion for the Court filed by Spottswood W. Robinson, III, Circuit Judge.

Spottswood W. Robinson, III, Circuit Judge:

May Trucking Company, the petitioner, challenges the grant by the Interstate Commerce Commission of a certificate of public convenience and necessity authorizing motor carrier operations by Anthony G. Ayala, the intervenor.1 Two of May's contentions give us little pause,2 but its remaining...

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