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MELTON TRUCK LINES, INC. v. I. C. C.

No. 79-1859.

635 F.2d 891 (1980)

MELTON TRUCK LINES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Machinery Transports, Inc., Tri-State Motor Transit Co., of Joplin, Missouri, Sawyer Transport, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 1980.

Attorney(s) appearing for the Case

William P. Parker, Oklahoma City, Okl., for petitioner. Wilburn L. Williamson and Richard A. Mize, Oklahoma City, Okl., were on brief.

Dennis J. Starks, Atty., I. C. C., of the bar of the Supreme Court of West Virginia pro hac vice by special leave of court, for respondents. Sanford M. Litvack, Asst. Atty. Gen., Dept. of Justice, Richard A. Allen, Gen. Counsel, James P. Tuite, Deputy Associate Gen. Counsel, I. C. C., Barry J. Grossman and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., were on brief.

Michael J. Norton was on brief for intervenor, Machinery Transports, Inc.

H. E. Miller, Jr., Chesterton, Ind., entered an appearance for intervenor, Sawyer Transport, Inc.

Thomas E. Leahy, Jr., Des Moines, Iowa, entered an appearance for intervenor, Tri-State Motor Transit Co., of Joplin, Missouri.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and MIKVA and GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Interstate Commerce Commission granted three carriers — Machinery Transports, Sawyer Transport, and Tri-State Motor Transit — authority to transport lumber, lumber products, and wood products from eleven Southern states to more than nineteen New England, Middle Atlantic, and Midwestern states. Melton Truck Lines, along with twelve other carriers, protested the...

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