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ALAMO EXP., INC. v. I. C. C.

No. 81-4112.

673 F.2d 852 (1982)

ALAMO EXPRESS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

April 22, 1982.

Attorney(s) appearing for the Case

James M. Doherty, Austin, Tex., for petitioner.

Colleen J. Bombardier, Atty., I. C. C., Washington, D. C., for respondents.

Leonard R. Kofkin, Chicago, Ill., for intervenor Yellow Freight System, Inc.

Before WISDOM, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

Yellow Freight System, Inc. ("Yellow"), applied to the Interstate Commerce Commission ("ICC") in 1980 for motor contract carrier authority to transport general commodities between all points in the United States, under continuing contracts with Yellow Forwarding Company ("Forwarding"). Three common carriers who operate almost exclusively in Texas, including the appellant, Alamo Express, Inc. ("Alamo") filed protests to the application. Despite...

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