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

No. 83-1812.

746 F.2d 69 (1984)

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

United States Court of Appeals, District of Columbia Circuit.

Decided October 19, 1984.

Dissenting Opinion October 23, 1984.

Attorney(s) appearing for the Case

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

Charles A. Stark, Atty. I.C.C., Washington, D.C., with whom John Broadley, General Counsel, Ellen D. Hanson, Associate General Counsel, I.C.C., Robert B. Nicholson and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Before WILKEY and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion by Senior Circuit Judge MacKINNON.

WILKEY, Circuit Judge:

Port Norris Express Co., Inc., petitions this court to vacate an order of the Interstate Commerce Commission (the "Commission") granting motor common carrier authority to D-X Trucking, Inc. Port Norris's objection to the order focuses on the fact that D-X was given authority to transport a certain class of commodities (clay...

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