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PORT NORRIS EXP. CO. v. I.C.C.

No. 83-1760.

728 F.2d 543 (1984)

PORT NORRIS EXPRESS COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1984.

As Amended March 13, 1984.

Attorney(s) appearing for the Case

William P. Jackson, Jr., Arlington, Va., with whom David C. Reeves, Arlington, Va., was on brief, for petitioner.

Cecelia E. Higgins, I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, and Ernest B. Abbott, I.C.C., Robert B. Nicholson and Frederic Freilicher, Dept. of Justice, Washington, D.C., were on brief, for respondents.

Before WRIGHT and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

As we view the issue in this case, it is as follows: When the Interstate Commerce Commission confers nationwide nonbulk general commodities authority, pursuant to concededly adequate "representative evidence" of public need, American Trucking Associations, Inc. v. ICC, 659 F.2d 452, 475 (5th Cir.1981), enforced, 669 F...

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