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ASSURE COMP. TRANSP., INC. v. UNITED STATES

Nos. 79-1867, 79-2033 and 79-2133.

629 F.2d 467 (1980)

ASSURE COMPETITIVE TRANSPORTATION, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Liberty Trucking Company, Intervenors. WARREN TRANSPORT, INC., Petitioner, Common Carrier Conference — Irregular Route, Intervening Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Liberty Trucking Company, Intervening Respondent. ASSURE COMPETITIVE TRANSPORTATION, INC., Plaintiff-Appellant, v. INTERSTATE COMMERCE COMMISSION et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1980.

Attorney(s) appearing for the Case

Daniel C. Sullivan, Chicago, Ill., Kurt E. Vragel, Jr., Waterloo, Iowa, for petitioner.

John P. Fonte, I. C. C., Washington, D. C., for respondents.

Before CASTLE, Senior Circuit Judge, SWYGERT and SPRECHER, Circuit Judges.

SWYGERT, Circuit Judge.

These three consolidated matters arise from an order of the Interstate Commerce Commission granting an application for additional motor common carrier operating authority, and a district court order dismissing an action challenging the jurisdiction of the Commission to issue that and other orders. The issues presented are:

1) Did the district court properly conclude that it lacked subject...

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