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REFRIGERATED TRANSPORT CO., INC. v. I.C.C.

No. 82-8057.

707 F.2d 497 (1983)

REFRIGERATED TRANSPORT CO., INC., and Coastal Transport & Trading Co., Petitioners, v. The INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Eleventh Circuit.

June 16, 1983.

Attorney(s) appearing for the Case

Serby & Mitchell, Alan E. Serby, Atlanta, Ga., for petitioners.

John Broadley, Gen. Counsel, Kathleen Sollar, Asst. Gen. Counsel, Dennis Jeffrey Stark, I.C.C., Washington, D.C., William F. Baxter, Asst. Atty. Gen., John J. Powers, III, Susan J. Atkinson, Dept. of Justice, Washington, D.C., for respondents.

Thomas P. Kimmitt, Jr., George M. Church, Nevett Steele, Jr., Baltimore, Md., for intervenor Gornett Trans. Co., Inc.

Before HENDERSON and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

This is an action to review and set aside the decision of the Interstate Commerce Commission in which the Commission granted Cornett Transportation Company, Inc. authority to transport food and related products in interstate commerce among eight states.

Initially, Cornett sought authority only to transport:

plastic materials or products, glass materials, products and bottles, cans suitable for use as beverage containers...

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