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CURTIS, INC. v. I. C. C.

No. 80-1485.

662 F.2d 680 (1981)

CURTIS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Story, Inc., Intervening Respondent.

United States Court of Appeals, Tenth Circuit.

Decided November 2, 1981.

Attorney(s) appearing for the Case

Lavern R. Holdeman, Peterson, Bowman & Johanns, Lincoln, Neb., for petitioner.

Richard A. Allen, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, and Robert J. Grady, Washington, D. C., for respondent I.C.C.

Sanford M. Litvack, Asst. Gen. Counsel, and Robert B. Nicholson and Daniel J. Conway, Attys., Dept. of Justice, Washington, D. C., for respondent United States.

George M. Boles, Carlton, Boles, Clark, Vann, Stichweh & Caddis, Birmingham, Ala., for intervening respondent Story, Inc.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Curtis, Inc. here seeks review of an order of the Interstate Commerce Commission which granted operating authority to respondent Story, Inc. Curtis is challenging the Commission's determination pursuant to 49 U.S.C. § 10922(a), that Story was fit to provide the authorized transportation services. Curtis seeks a reversal of the Commission's decision.

I.

PRELIMINARY DISCUSSION...

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