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ERICKSON TRANSPORT CORP. v. I.C.C.

No. 83-2435.

741 F.2d 1096 (1984)

ERICKSON TRANSPORT CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1984.

Attorney(s) appearing for the Case

John E. Jandera, Jandera, Gregg & Barker, Topeka, Kan., for Erickson Transport Corp.

J. Paul McGrath, Asst. Atty. Gen., Robert B. Nicholson, Marion L. Jetton, Attys., Dept. of Justice, Washington, D.C., John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, Essie F. Stevens, Atty., I.C.C., Washington, D.C., for respondents.

Before ROSS, ARNOLD and FAGG, Circuit Judges.

ARNOLD, Circuit Judge.

The Interstate Commerce Commission has granted authority to Trucking Service, Inc. (Trucking), a motor common carrier, to transport alcoholic liquors either in bulk (tank truck) or non-bulk (bottled) form, between points in the contiguous 48 states. Erickson Transport Corporation petitions for review of this order. It contends that the Commission erred in granting bulk authority as well as non-bulk, and that it was error to grant Trucking the...

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