No. 81-1669.

709 F.2d 1351 (1983)

TURNER BROS. TRUCKING COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Great Plains Transports, Inc., Intervening Respondent.

United States Court of Appeals, Tenth Circuit.

June 20, 1983.

Attorney(s) appearing for the Case

J. Michael Alexander of Hightower, Alexander, Cook & Birnbaum, P.C., Dallas, Tex., for petitioner.

William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson and Susan J. Atkinson, Attys., Dept. of Justice, Richard A. Allen, Gen. Counsel, Ellen K. Schall, Deputy Associate Gen. Counsel, and Edward J. O'Meara, Atty., I.C.C., Washington, D.C., for respondents.

Lloyd Scurlock and Clayte Binion of Scurlock, Binion, Brackett & Oldham, Inc., Fort Worth, Tex., for intervenor respondent.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This case has been submitted to us on the written briefs, all parties waiving oral argument.

Turner Bros. Trucking Company, Inc., the petitioner in the present proceeding, seeks to set aside a decision of the Interstate Commerce Commission which granted Great Plains Transports, Inc. permanent authorization to transport equipment used in petroleum production between points in Louisiana, Oklahoma, and Texas. Turner's basic position...

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