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FILM TRANSIT, INC. v. I.C.C.

No. 81-3486.

699 F.2d 298 (1983)

FILM TRANSIT, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Mistletoe Express Service, Intervening Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1983.

Attorney(s) appearing for the Case

Mark R. Allen, Goff, Sims, Cloud, Stroud & Walker, P.C., Warren A. Goff, Memphis, Tenn., for petitioner.

Richard A. Allen, Linda J. Joachim, I.C.C., Robert B. Nicholson (argued), Marion Jetton, U.S. Dept. of Justice, Appellate Section, Washington, D.C., for respondents.

T.M. Brown, Morgan, Brown & Schneider, David A. Cherry, Edmond, Okl., for intervening respondent Mistletoe Exp. Service.

Before LIVELY, Circuit Judge, and PHILLIPS and BROWN, Senior Circuit Judges.

PHILLIPS, Senior Circuit Judge.

This case is before the court on the petition of Film Transit, Inc., (Film) seeking review of an order by the Interstate Commerce Commission granting permanent authority to Mistletoe Express Service (Mistletoe) to conduct certain interstate motor carrier operations.

On November 23, 1980, Mistletoe filed an application with the Commission requesting certification to conduct interstate motor express carrier operations over regular...

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