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C.O.D.E., INC. v. I.C.C.

No. 82-1607.

768 F.2d 1210 (1985)

C.O.D.E., INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Tenth Circuit.

July 29, 1985.

Attorney(s) appearing for the Case

Marshall D. Becker of Stern & Becker, Omaha, Neb., for petitioner.

William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson and Nancy C. Garrison, Attys., Dept. of Justice, John Broadley, Gen. Counsel, I.C.C., Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., and Sidney L. Strickland, Jr., and Kathleen V. Gunning, Attys., I.C.C., Washington, D.C., for respondents.

Before McKAY and SETH, Circuit Judges, and RUSSELL, District Judge.

DAVID L. RUSSELL, District Judge.

Petitioner seeks review of an Interstate Commerce Commission decision allowing Southern Refrigerated Transportation Company, Inc. [SRTC]:

To operate as a common carrier, by motor vehicle, in interstate or foreign commerce, over irregular routes, transporting food and related products, between points in Denver County, CO., Peoria and Warren Counties, Il., Cass County, IN., Cherokee...

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