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AMERICAN TRUCKING ASSOCIATIONS, INC. v. I.C.C.

Nos. 82-1115, 82-1116 and 82-1119.

703 F.2d 459 (1983)

AMERICAN TRUCKING ASSOCIATIONS, INC., Garrett Freightlines, Inc. and Milne Truck Lines, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents and WPX Freight System, Inc., Intervening Respondent.

United States Court of Appeals, Tenth Circuit.

March 22, 1983.

Attorney(s) appearing for the Case

William F. Baxter, Asst. Atty. Gen., and Robert B. Nicholson and Marion Jetton, Attys., on the joint brief with I.C.C., Dept. of Justice, Washington, D.C., for United States of America.

Eugene J. Toler, San Francisco, Cal., Gen. Atty. (Walter G. Treanor, San Francisco, Cal., with him on the brief), for WPX Freight System, Inc.

Kenneth E. Siegel, Washington, D.C. (Nelson J. Cooney, Gen. Counsel, Washington, D.C., with him on the brief), for American Trucking Associations, Inc.

Ann M. Pougiales of Hegarty, Pougiales, Loughran & Gulseth, San Francisco, Cal., on the joint brief with American Trucking Associations, Inc., for Garrett Freightlines, Inc. and Milne Truck Lines, Inc.

Laurence H. Schecker, Washington, D.C., Atty. (John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, Washington, D.C., with him on the brief), for I.C.C.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and TEMPLAR, District Judge.

McWILLIAMS, Circuit Judge.

American Trucking Associations, Inc., Garrett Freight Lines, Inc., and Milne Truck Lines, Inc., acting jointly, filed petitions for review of three decisions of the Interstate Commerce Commission wherein WPX Freight System, Inc. was granted three separate licenses for authority to operate as a motor carrier. The three petitions were consolidated for hearing in this Court, and WPX was permitted to intervene.

WPX, a wholly-owned subsidiary...

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