VIRGINIA APPALACHIAN LUMBER CORPORATION, Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.
VIRGINIA APPALACHIAN LUMBER CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Roy Stone Transfer Corporation, W & L Motor Lines, Inc., and Wall Trucking Co., Inc., Norton-Ramsey Motor Lines, Inc., Intervenors.
VIRGINIA APPALACHIAN LUMBER CORPORATION, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents,
Norton Ramsey Motor Lines, Inc., W & L Motor Lines, Inc., Blue Ridge Transfer Co., Inc., and Roy Stone Transfer Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 19, 1979.
Decided September 26, 1979.
Attorney(s) appearing for the Case
E. Stephen Heisley, Washington, D. C., with whom Lester R. Gutman, Washington, D. C., was on the brief for petitioner.
Kenneth P. Kolson, Atty., Interstate Commerce Commission, Washington, D. C., for respondents.
Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, Ellen K. Schall, Atty., Interstate Commerce Commission, John J. Powers, III and Catherine G. O'Sullivan, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.
Also Wilmer B. Hill, Washington, D. C., entered an appearance for petitioner.
Also Robert S. Burk, Atty., Interstate Commerce Commission, Washington, D. C., entered an appearance for respondent, Interstate Commerce Commission.
Also John R. Sims, Jr. and Robert B. Walker, Washington, D. C., entered appearances for intervenors, Roy Stone Transfer Corp. and Blue Ridge Transfer Co., Inc.
Also Francis J. Ortman, Washington, D. C., entered an appearance for intervenor, Norton-Ramsey Motor Lines, Inc.
Also Theodore Polydoroff, McLean, Va., entered an appearance for intervenor, W & L Motor Lines, Inc.
Before WRIGHT, Chief Judge, and ROBINSON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROBB.
ROBB, Circuit Judge:
The petitioner, Virginia Appalachian Lumber Corporation, known as VALCO, is an irregular route common carrier engaged in the transportation of new furniture from points in Virginia and North Carolina to points in ten western states. In these consolidated cases VALCO attacks (1) the "Fitness Flagging" Procedures of the Interstate Commerce Commission, and (2) the denial by the Commission...
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