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KENOSHA AUTO TRANSPORT CORP. v. UNITED STATES

No. 81-1368.

684 F.2d 1020 (1982)

KENOSHA AUTO TRANSPORT CORPORATION and Boat Transit, Inc., Petitioners, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents, Recreational Products Transport, Inc. of Mendon, Ma., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1982.

As Amended September 30, 1982.

Attorney(s) appearing for the Case

Paul F. Sullivan, Washington, D. C., with whom John T. Wirth, Denver, Colo., was on the brief, for petitioners.

Edward J. O'Meara, Atty., I. C. C., Washington, D. C., with whom Richard A. Allen, Gen. Counsel, Kathleen M. Dollar, Associate Gen. Counsel, Linda J. Joachim, Atty., I. C. C., Robert B. Nicholson and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Mel P. Booker, Jr., Alexandria, Va., was on the brief, for intervenor.

Before MacKINNON, Circuit Judge, McGOWAN, Senior Circuit Judge, and NORTHROP, Senior District Judge for the District of Maryland.

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Two motor carriers specializing in the nationwide transportation of boats and related equipment here petition for review of the certification by the Interstate Commerce Commission (ICC and Commission) of a new common carrier entrant into that narrowly specialized field of transportation. Under the liberalized entry policies recognized by the Commission in 1979 (which were adopted...

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