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

No. 84-3196.

757 F.2d 58 (1985)

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

United States Court of Appeals, Third Circuit.

Decided March 12, 1985.

Attorney(s) appearing for the Case

William P. Jackson, Jr., Daniel P. Stipano, David Reeves (argued), Jackson & Jessup, P.C., Arlington, Va., for petitioner Port Norris Express Co., Inc.

Edward T. Hand, Robert B. Nicholson, Dept. of Justice, Washington, D.C., for respondent United States of America.

Robert S. Burk, Acting General Counsel, Henri F. Rush, Associate Gen. Counsel, Washington, D.C., Essie F. Stevens, Rockville, Md., (argued), for respondent I.C.C.

Before GARTH and HIGGINBOTHAM, Circuit Judges and McGLYNN, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge:

In this petition for review, we are asked to determine whether the Interstate Commerce Commission ("ICC") erred in granting L.S. Geist, Inc. ("Geist") authority to transport general commodities without a bulk1 restriction. The petitioner, Port Norris Express Co., Inc. ("Port Norris"), argues that Geist did not present sufficient evidence to support the ICC's finding that there was a...

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