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C & H TRANSP. CO., INC. v. I.C.C.

No. 81-4361.

704 F.2d 850 (1983)

C & H TRANSPORTATION CO., INC. and J.H. Rose Truck Line, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

May 13, 1983.

Attorney(s) appearing for the Case

James M. Doherty, Austin, Tex., Thomas E. James, Dallas, Tex., for petitioners.

Craig M. Keats, I.C.C., Robert B. Nicholson, Antitrust Div., U.S. Dept. of Justice, Washington, D.C., for respondents.

David Earl Tinker, Washington, D.C., for W.P. Johnson Equipment, intervenor.

Before THORNBERRY, REAVLEY and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

This is a petition for review of an order of the Interstate Commerce Commission ("ICC") granting the intervenor's application for a motor common carrier certificate of convenience and necessity to transport construction, mining, industrial, electrical, and agricultural machinery and equipment between points in the United States. The primary question is whether the ICC's grant of nationwide authority to transport these commodities is supported...

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