DEPARTMENT OF TRANSP., FED. HY. ADMIN. v. I.C.C.

No. 83-1436.

733 F.2d 105 (1984)

DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Port Norris Express Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 1984.


Attorney(s) appearing for the Case

Kathleen S. Markman, Atty., Dept. of Transp., Washington, D.C., for petitioner. Anthony J. Steinmeyer and Carlene V. McIntyre, Attys. Dept. of Justice, also entered appearances for petitioner.

Richard J. Osterman, Atty. I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I.C.C., Washington, D.C., were on the brief for respondent, Interstate Commerce Commission.

David C. Reeves, Arlington, Va., with whom William P. Jackson, Jr., Arlington, Va., was on the brief for intervenor, Port Norris Exp. Co., Inc.

Before WALD, BORK and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The Department of Transportation (DOT), Federal Highway Administration (FHWA) petitions this court to review the Interstate Commerce Commission's (ICC or Commission) grant of a 15-month certificate authorizing Allan B. Robbins d/b/a Robbins Trailer Service to transport construction and road building equipment and materials. FHWA asks us to rule that the record in this case, indicating...

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