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AERO MAYFLOWER TRANSIT CO., INC. v. I.C.C.

No. 81-2772.

699 F.2d 938 (1983)

AERO MAYFLOWER TRANSIT COMPANY, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, and Bekins Van Lines Company, Intervening Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 1983.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

Alan Wohlstetter, Washington, D.C., for petitioners.

Ellen D. Hanson, I.C.C., Washington, D.C., for respondents.

Before CUDAHY and ESCHBACH, Circuit Judges, and EAST, Senior District Judge.

ESCHBACH, Circuit Judge.

In this case we must decide whether the Interstate Commerce Commission ("ICC" or "Commission") abused its discretion in denying the petitioners standing to protest a motor carrier's application seeking authority to transport household goods. We hold that the ICC did abuse its discretion; therefore we vacate the order granting the application and we remand the case to the Commission for proceedings consistent with this opinion.

I....

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