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

No. 83-1929.

751 F.2d 1280 (1985)

PORT NORRIS EXPRESS COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 1985.

Attorney(s) appearing for the Case

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

Dennis J. Starks, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., John Broadley, Gen. Counsel, I.C.C., Robert B. Nicholson, and Margaret G. Halpern, Attys., U.S. Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Before TAMM and EDWARDS, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge TAMM.

Dissenting opinion filed by Senior Circuit Judge MacKINNON.

TAMM, Circuit Judge:

Port Norris Express Company (Port Norris) petitions this court to vacate an order of the Interstate Commerce Commission (Commission) granting motor common carrier authority to David Beneux Produce & Trucking, Inc. (Beneux). Port Norris argues that the Commission granted Beneux authority to transport general commodities...

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