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ASSURE COMP. TRANSP. v. UNITED STATES

No. 79-2308, 79-2391.

635 F.2d 1301 (1980)

ASSURE COMPETITIVE TRANSPORTATION, INC., Petitioner, Red Arrow Freight Lines, Inc., J. H. Rose Truck Line, Inc., C&G Transportation Co. Inc., and Billy Frank d/b/a Frank Bros., Arrow Truck Lines, Inc., Charter Express, Inc., Dixie-West Express, Inc., et al., Intervening Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. AMERICAN TRUCKING ASSOCIATIONS, INC., Petitioner, B and P Motor Lines, Inc., Donney Motor Express, Inc., Watkins Motor Lines, Inc., Arrow Truck Lines, Inc., Charter Express, Inc., and Dixie-West Express, Inc., et al., Intervening Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, National Industrial Traffic (the League), Party Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Gregory A. Stayart, Chicago, Ill., Kenneth E. Siegel, Washington, D. C., for petitioner.

Lawrence I. Richman, McDermott Will & Emery, Chicago, Ill., for Nat. Indus. Traffic.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and CAMPBELL, Senior District Judge.

SWYGERT, Circuit Judge.

On October 17, 1979, the Interstate Commerce Commission issued a policy statement that modified the traditional criteria used by the Commission in deciding whether to grant an application for a certificate of public convenience and necessity authorizing motor common carrier operations under section 10922 of the Interstate Commerce Act, 49 U.S.C. § 10922.1 Petitioners challenge the Commission's action as unlawful...

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