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STEERE TANK LINES, INC. v. I.C.C.

Nos. 82-4175, 83-4086, 83-4212 and 83-4322.

736 F.2d 1094 (1984)

STEERE TANK LINES, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

July 23, 1984.

Attorney(s) appearing for the Case

Hugh T. Matthews, Dallas, Tex., for petitioner.

William French Smith, Atty. Gen., Stephen F. Ross, Robert B. Nicholson, Dept. of Justice, John H. Broadley, Gen. Counsel, Robert J. Grady, I.C.C., Washington, D.C., for respondents.

Nelson J. Cooney, Gen. Counsel, Kenneth E. Siegel, Washington, D.C., for Am. Trucking Assoc.

Before GOLDBERG, RUBIN, and REAVLEY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Interstate Commerce Commission requires applicants for certificates as motor common carriers of specific commodities to accept authority to transport such commodities in bulk, whether or not the carrier has demonstrated fitness to do so, has equipment suitable for such transportation, or is willing to accept it, on the basis that a grant with a restriction against carriage in bulk would be unduly restrictive, contrary to the mandate...

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