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

No. 81-4157.

675 F.2d 763 (1982)

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

United States Court of Appeals, Fifth Circuit.

May 14, 1982.

Attorney(s) appearing for the Case

Hugh T. Matthews, Barry J. Brooks, Dallas, Tex., for petitioner.

Robert J. Grady, I.C.C., Susan J. Atkinson, Robert B. Nicholson, U. S. Dept. of Justice, Washington, D.C., for respondents.

T. M. Brown, David A. Cherry, Edmond, Okl., for intervenor United Petroleum Transports, Inc.

Before THORNBERRY, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

This case brings before the court the interrelated concepts of finality and exhaustion of remedies in the context of a petition to review an order of the Interstate Commerce Commission. The petitioner, a protestant in the proceedings before the ICC, filed its petition to review subsequent to an unfavorable decision of an employee board of the ICC without first obtaining administrative review by the Commission. We hold that the decision of the...

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