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BOSTON CARRIER, INC. v. I.C.C.

No. 83-1542.

728 F.2d 1508 (1984)

BOSTON CARRIER, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Habit Motor Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1984.

Attorney(s) appearing for the Case

Robert K. Goren, Washington, D.C., for petitioner.

Dennis J. Starks, Atty. I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., Washington, D.C., were on the brief, for respondents. Robert B. Nicholson and William J. Roberts, Attys. Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Wesley S. Chused and Frank J. Weiner, Boston, Mass. were on the brief for intervenor.

Before TAMM and STARR, Circuit Judges, and J. SMITH HENLEY, United States Senior Circuit Judge for the Eighth Circuit.

Opinion for the court filed by Senior Circuit Judge HENLEY.

HENLEY, Senior Circuit Judge:

Boston Carrier, Inc. (BCI) seeks review of a decision of the Interstate Commerce Commission granting a certificate of public convenience and necessity to Habit Motor Lines, Inc. authorizing Habit to transport commodities between certain points in the United States. BCI's primary contention is that the Commission has failed to make an independent and adequate finding that...

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