CHEM-HAULERS, INC. v. I. C. C.

No. 78-2566. Summary Calendar.

594 F.2d 166 (1979)

CHEM-HAULERS, INC., Petitioner-Appellant, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 1, 1979.


Attorney(s) appearing for the Case

Leonard A. Jaskiewicz, William H. Shawn, Washington, D. C., for petitioner-appellant.

Griffin B. Bell, U. S. Atty. Gen., U. S. Dept. of Justice, Mark Evans, I.C.C., Gen. Counsel, Frederick W. Read, III, Assoc., John P. Fonte, J. Michael May, I.C.C., Washington, D. C., for respondents-appellees.

Harold R. Ainsworth, New Orleans, La., for Bowman Transp., Inc., et al.

Richard H. Streeter, Washington, D. C., for Pre-Fab Transit Co.

Charles Ephraim, Washington, D. C., for Bowman, George Transfer, and Eck Miller.

Donald E. Cross, Washington, D. C., for Tajon, Inc.

Kim D. Mann, Washington, D. C., for intervenors.

Before CLARK, GEE and HILL, Circuit Judges.


PER CURIAM:

Petitioner Chem-Haulers, Inc. is operating under a certificate of public convenience and necessity issued by the Interstate Commerce Commission. The certificate denominated Sub 108, authorizes it to transport "[g]ravel, sand, clay, ore, slag and products composed of or produced from such commodities except in bulk, in tank vehicles" over regular routes between points in Minnesota, Iowa, Missouri, Arkansas, and Louisiana, and all states east thereof, subject...

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