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AMERICAN FARM LINES, INC. v. UNITED STATES

No. 80-2195.

684 F.2d 697 (1982)

AMERICAN FARM LINES, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Tenth Circuit.

August 3, 1982.

Attorney(s) appearing for the Case

Charles H. White, Jr., Washington, D. C. (Steven A. Lauer, John S. Odell and Arnall, Golden & Gregory, Washington, D. C., with him on the briefs), for petitioner.

H. Glenn Scammel, Washington, D. C. (Richard A. Allen, Gen. Counsel, Kathleen M. Dollar, Acting Associate Gen. Counsel, Richard J. Favretto, Acting Asst. Atty. Gen., John J. Powers, III and Kenneth P. Kolson, Attys., Dept. of Justice, Washington, D. C., with him on the brief), for respondents.

Before McWILLIAMS, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The petition seeks review of an Interstate Commerce Commission order denying the removal of a restriction on a certificated authority to operate as a motor common carrier. The issues relate to statutory construction and agency procedures. Jurisdiction is conferred by 28 U.S.C. § 2344. We deny the petition for review.

Petitioner American Farm Lines, AFL, is a motor common carrier certified by the Commission. With exceptions...

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