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RITTER TRANSP., INC. v. I.C.C.

No. 82-1023.

697 F.2d 1153 (1983)

RITTER TRANSPORTATION, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Port Norris Express Co., Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1983.

Certiorari Denied March 7, 1983.

Attorney(s) appearing for the Case

Chester A. Zyblut, Washington, D.C., with whom Michael D. Bromley, Washington, D.C., was on the brief for petitioner.

Craig M. Keats, I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I.C.C., Robert B. Nicholson and William J. Roberts, Dept. of Justice, Washington, D.C., were on the brief for respondents.

William P. Jackson, Jr. and David C. Reeves, Arlington, Va., were on the brief for intervenor.

Before GINSBURG and SCALIA, Circuit Judges, and GESELL, United States District Judge for the District of Columbia.

Certiorari Denied March 7, 1983. See 103 S.Ct. 1272.

Opinion PER CURIAM.

PER CURIAM:

Ritter Transportation, Inc. ("Ritter") seeks to set aside a decision of the Interstate Commerce Commission granting the application of Port Norris Express Co., Inc. ("Port Norris") to broaden the commodities its certificate of public convenience and necessity permits it to carry. A certificate served June 18, 1980, authorized Port Norris to transport "(1) sand,...

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