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MIDWESTERN TRANSP., INC. v. I. C. C.

No. 79-1461.

635 F.2d 771 (1980)

MIDWESTERN TRANSPORTATION, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Graves Truck Line, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided November 26, 1980.

Attorney(s) appearing for the Case

Jack L. Coke, Jr., of Phinney, Hallman, Pulley & Coke, Dallas, Tex. (Robert E. Warren, Jr., of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., with him on the brief), for petitioner.

Timm L. Abendroth, Atty., I. C. C. (John H. Shenefield, Asst. Atty. Gen., Robert B. Nicholson and Robert Lewis Thompson, Attys., Dept. of Justice, Richard A. Allen, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, and Ellen K. Schall, Atty., I. C. C., Washington, D. C., on the brief), for respondents.

Larry E. Gregg, Topeka, Kan. (John E. Jandera, Topeka, Kan., on the brief) of Jandera & Gregg, Topeka, Kan., for intervenor Graves Truck Line, Inc.

Before McWILLIAMS and BARRETT, Circuit Judges, and TEMPLAR, District Judge.

BARRETT, Circuit Judge.

This petition for review filed by Midwestern Transportation, Inc., hereinafter referred to as "Midwestern", challenges a decision of the Interstate Commerce Commission (ICC) granting a certificate of public convenience and necessity to Graves Truck Line, Inc., hereinafter referred to as "Graves", to transport general commodities between Oklahoma City, Oklahoma, and Amarillo, Texas, over Interstate Highway 40. Our jurisdiction is conferred pursuant...

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