CENTRAL FREIGHT LINES v. I.C.C.

No. 89-4114.

899 F.2d 413 (1990)

CENTRAL FREIGHT LINES (Substituted in place of Steere Tank Lines, Inc.), Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

May 1, 1990.


Attorney(s) appearing for the Case

Mert Starnes, Phillip Robinson, Robinson, Felts, Starnes, Angenend & Mashburn, P.C., Austin, Tex., for petitioners.

Patrick McEligot, Rea, Cross & Auchincloss, Washington, D.C., William P. Jackson, Jr., Jackson & Jessup, Arlington, Va., Susan J. Pisner, Martin W. Bercovici, Terrence D. Jones, William H. Borghesani, Jr., Keller & Heckman, Washington, D.C., Anne Swenson, Robert Ozer, Asst. Atty. Gen., Energy Div., Transp., Austin, Tex., William W. Pugh, Alexandria, Va., for intervenors.

Michael Martin, Robert S. Burk, Gen. Counsel, I.C.C., Laura Heiser, Robert B. Nicholson, U.S. Dept. of Justice, Appellate Section, Antitrust Div., Washington, D.C., for respondents.

Before THORNBERRY, POLITZ, and JOLLY, Circuit Judges.


THORNBERRY, Circuit Judge:

Central Freight Lines, Inc. ("Central"), challenges, on jurisdictional and substantive grounds, a declaratory order of the Interstate Commerce Commission ("ICC") ruling that certain transportation of fertilizer within Texas is part of a continuous interstate movement and that the ICC has regulatory jurisdiction over that transportation. We deny the petition to review the ICC's order.

I...

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