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STEERE TANK LINES, INC. v. I. C. C.

No. 81-4183.

667 F.2d 490 (1982)

STEERE TANK LINES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

February 12, 1982.

Attorney(s) appearing for the Case

Hugh T. Matthews, Dallas, Tex., for petitioner.

Laurence H. Schecker, I.C.C., Robert J. Wiggers, Robert B. Nicholson, John J. Powers, III, Kenneth P. Kolson, Antitrust Div., Dept. of Justice, Washington, D.C., for respondents.

Before CLARK, Chief Judge, REAVLEY and RANDALL, Circuit Judges.

BY THE COURT:

American Freight System, Inc. (AFS) filed an application with the ICC seeking the removal of certain restrictions from three of its certificates of convenience and necessity. Among the restrictions on each certificate was one prohibiting AFS from transporting "commodities in bulk." Steere Tank Lines, Inc. filed a protest, claiming inter alia that AFS was not "fit, willing, and able" to transport "commodities in bulk," and that ICC regulations...

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