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WILKETT v. I.C.C.

No. 82-1373.

710 F.2d 861 (1983)

James WILKETT, d/b/a Wilkett Trucking Company, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

John J. McMackin, Jr., Washington, D.C., for petitioner.

Colleen J. Bombardier, Atty., ICC, Washington, D.C., with whom John Broadley, Gen. Counsel, and Lawrence H. Richmond, Deputy Associate Gen. Counsel, ICC, John J. Powers, III and George Edelstein, Attys., U.S. Dept. of Justice, Washington, D.C., were on the joint brief for respondents. Kathleen M. Dollar, Atty., I.C.C., and Robert B. Nicholson, Atty., U.S. Dep't of Justice, Washington, D.C., also entered appearances for respondents.

Before EDWARDS, Circuit Judge, and McGOWAN and MacKINNON, Senior Circuit Judges.

Opinion for the Court PER CURIAM.

PER CURIAM:

I.

Wilkett Trucking (the Company) began operations in 1975 and received its first Interstate Commerce Commission (Commission) license in 1978. The Company is currently authorized to transport coal from mines in four Oklahoma counties to facilities in eight Texas counties. Although the business is organized as a sole-proprietorship, it has been a Wilkett family operated enterprise throughout.

In...

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