BAGGETT TRANSP. CO. v. UNITED STATES

Nos. 81-7248, 81-7550 to 81-7552 and 81-7619 to 81-7621.

666 F.2d 524 (1982)

BAGGETT TRANSPORTATION COMPANY, Birmingham, Alabama, Tri-State Motor Transit Company, Joplin, Missouri, and C. I. Whitten Transfer Co., Huntington, West Virginia, Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied March 1, 1982.


Attorney(s) appearing for the Case

William G. Somerville, Birmingham, Ala., for all petitioners.

Mel P. Booker, Jr., Alexandria, Va., for Baggett Transp. Co.

Max G. Morgan, Edmond, Okl., for Tri-State.

J. G. Dail, Jr., McLean, Va., for C. I. Whitten.

Robert B. Nicholson, Nancy C. Garrison, Susan J. Atkinson, Dept. of Justice, Edward O'Meara, ICC, Washington, D. C., for respondents.

Donald E. Cross, Washington, D. C., for intervenor Riss Internat'l Corp.

Alan Foss, Fargo, N. D., for intervenor International Transport, Inc.

Stanley E. McCormick, Elliott Bunce, Arlington, Va., for intervenor Ryder Truck Lines, Inc.

E. Larry Wells, Edwin M. Snyder, Dallas, Tex., for intervenor T.I.M.E.-DC, Inc.

Guy H. Postell, Atlanta, Ga., for intervenor Superior Trucking Co., Inc.

Turney & Turney, Robert E. Campbell, William O. Turney, Washington, D. C., for intervenor Leonard Brothers Trucking Co., Inc.

J. Michael May, Marietta, Ga., for intervenor Home Transp. Co., Inc.

Before TUTTLE, HILL and JOHNSON, Circuit Judges.


TUTTLE, Circuit Judge:

These are petitions by Baggett Transportation Company and other protesting present carriers to set aside the grant of common carrier authority to transport explosives to the seven applicants for licenses by the Interstate Commerce Commission.

The petitioners attack the Commission's orders on the ground that there was insufficient factual basis in the record to permit the Commission to determine that the proposed operations would serve...

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