CAROLINA FREIGHT CARRIERS CORP. v. I. C. C.

No. 79-1149.

627 F.2d 563 (1980)

CAROLINA FREIGHT CARRIERS CORPORATION et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, J & P Properties Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1980.


Attorney(s) appearing for the Case

Jerome Nelson, Associate Gen. Counsel, I. C. C., John J. Powers, III and Peter de la Cruz, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents. H. Glenn Scammel, Atty., I. C. C., Washington, D. C., for respondent, I. C. C.

J. Mark Manner, Atty., Dept. of Justice, Washington, D. C., for respondent, United States of America.

James Anton, Washington, D. C., was on brief, for intervenor.

J. Curtis Bradley, III, Washington, D. C., with whom John C. Bradley, Washington, D. C., was on brief, for petitioners.

Charles A. Stark, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Washington, D. C., for petitioners.

Before ROBINSON, MacKINNON and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Four competing carriers1 petitioned the Interstate Commerce Commission (ICC) to set aside the agency's construction of a motor carrier certificate entered in Docket No. MC-C-9006, J & P Properties, Inc.—Investigation and Revocation of Certificates. J & P Properties, Inc., the Intervening Respondent, holds authority to transport...

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