TRUCK TRANSPORT INC. v. I. C. C.

No. 79-1386.

631 F.2d 1023 (1980)

TRUCK TRANSPORT INCORPORATED, Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Younger Brothers, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 4, 1980.


Attorney(s) appearing for the Case

Edward J. Kiley, Copiague, N. Y., for petitioner.

Denise M. O'Brien, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, James P. Tuite, Deputy Associate Gen. Counsel, I. C. C., Robert B. Nicholson and Susan J. Atkinson, Attys., U. S. Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Harry C. Ames, Jr., Washington, D. C., was on the brief for intervenor. Elizabeth A. Purcell, Washington, D. C., also entered an appearance for intervenor.

Before TAMM and WILKEY, Circuit Judges, and RONALD N. DAVIES, Senior District Judge for the District of North Dakota.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Truck Transport, Inc. (Truck) seeks review of an order of the Interstate Commerce Commission (ICC or Commission) granting Younger Brothers, Inc. (Younger) permanent authority to transport alcohol to various points in the United States. Truck contends that the evidence offered by Younger does not justify the Commission's grant of authority. It also believes that the Commission unlawfully...

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