UNITED PARCEL SERV., INC. v. UNITED STATES

No. 78-2446.

612 F.2d 277 (1979)

UNITED PARCEL SERVICE, INC., an Ohio Corporation, United Parcel Service, Inc., a New York Corporation, and United Parcel Service, Inc., a Delaware Corporation, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Arrow Carrier Corporation et al., Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1979.


Attorney(s) appearing for the Case

Irving R. Segal, Philadelphia, Pa., for petitioners.

John McCarthy, Jr., ICC, Washington, D. C., for respondent-ICC.

A. David Millner, Fairfield, N. J., for intervening respondents.

Before SPRECHER and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.


SPRECHER, Circuit Judge.

The three affected corporations sought review of the Interstate Commerce Commission's determination that a non-carrier holding company which owns all of the stock of two motor carrier subsidiaries that were operated as a single integrated carrier system would "acquire control" of the subsidiaries upon their merger under Section 5(2) of the Interstate Commerce Act, and would therefore become subject to partial regulation as a carrier under...

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