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J. H. ROSE TRUCK LINE, INC. v. I. C. C.

No. 81-4351.

683 F.2d 952 (1982)

J. H. ROSE TRUCK LINE, INC. and C & H Transportation Co., Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

August 27, 1982.

Attorney(s) appearing for the Case

James M. Doherty, Charles E. Munson, Jr., Austin, Tex., for petitioners.

Dennis J. Starks, Atty., I. C. C., Nancy C. Garrison, Robert B. Nicholson, Antitrust Div., Appellate Section, Dept. of Justice, Washington, D. C., for I. C. C.

Rick A. Rude, Washington, D. C., for intervenor Van Wyk, Inc.

Before GOLDBERG, WILLIAMS, and GARWOOD, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge.

I. The Facts

Petitioners J. H. Rose Truck Line, Inc. and C & H Transportation Co., Inc. seek review of an Interstate Commerce Commission ("ICC") order granting intervenor Van Wyk, Inc. a certificate of public convenience and necessity authorizing Van Wyk to transport general commodities (except household goods, classes A and B explosives, and commodities in bulk) between points in twenty states. Prior to the ICC's granting...

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