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NEBRASKA-IOWA XPRESS, INC. v. I. C. C.

No. 79-1661.

646 F.2d 597 (1980)

NEBRASKA-IOWA XPRESS, INC. and Pawnee Transfer, Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Film Transport, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1980.

Attorney(s) appearing for the Case

James E. Ballenthin and William S. Rosen, St. Paul, Minn., were on brief, for petitioners.

Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, Sidney L. Strickland, Jr., Counsel, I.C.C. and John H. Shenefield, Asst. Atty. Gen., Robert B. Nicholson, and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents. Mark L. Evans, Counsel, I.C.C., Washington, D. C., for respondent I.C.C.

Warren A. Goff and Robert G. Shepherd, Jr., Washington, D. C., were on brief, John R. Sims, Jr. and Thomas A. Stroud, Washington, D. C., for intervenor.

Before ROBINSON, WILKEY and GINSBURG, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

Film Transport Co., in May 1977, applied to remove the 200 pounds weight restriction from its common carrier authority to transport general commodities over specified routes in Nebraska and Iowa. Nebraska-Iowa Xpress (NIX) and Pawnee, petitioners in this court and competitors of Film Transport, opposed removal of the restriction.

At hearings on the application, Film Transport introduced evidence that the weight restriction...

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