PUROLATOR COURIER CORP. v. I. C. C.

No. 77-1974.

598 F.2d 225 (1979)

PUROLATOR COURIER CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. Trailways, Inc., Central Delivery Service of Washington, Inc., Greyhound Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 1979.

Rehearing Denied February 23, 1979.


Attorney(s) appearing for the Case

Peter A. Greene, Washington, D. C., with whom John H. Caldwell, Neal A. Jackson and Norman J. Philion III, Washington, D. C., were on the brief, for petitioner.

Robert D. Jones, Atty., I. C. C., with whom Mark L. Evans, Gen. Counsel, Frederick W. Read III, Associate Gen. Counsel, Kenneth G. Caplan, Atty., I. C. C. and Andrea Limmer, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Lloyd John Osborn, with whom Eugene T. Liipfert, Washington, D. C., was on the brief, for intervenor, Trailways, Inc.

William F. King and Jeffrey A. Vogelman, Washington, D. C., were on the brief, for intervenor, Greyhound Lines, Inc.

Jeremy Kahn and S. Harrison Kahn, Washington, D. C., were on the brief, for intervenor, Central Delivery Service of Washington, Inc.

Also Barry Grossman, Atty., Dept. of Justice, Washington, D. C., entered an appearance for respondent, United States.

Before BAZELON, LEVENTHAL and ROBB, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

Petitioners, Purolator Courier Corp. and Central Delivery Service, challenge a decision of the ICC expanding the "terminal area" within which bus operators may pick up and deliver "express" shipments (a term that generally refers to transport of small packages.)1 Petitioners argue that § 208(d) of the Act2 permits a bus operator to pick up and deliver express only...

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