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STATE CORP. COM'N OF KANSAS v. I.C.C.

No. 90-9502.

933 F.2d 827 (1991)

The STATE CORPORATION COMMISSION OF the STATE OF KANSAS, Keith R. Henley, Chairman, Rich Kowalewski, Commissioner, and Margalee Wright, Commissioner, as constituent members, Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, Greyhound Lines, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided May 13, 1991.

Attorney(s) appearing for the Case

Frank A. Caro, Jr., Gen. Counsel, and Charles V. Garcia, Asst. Gen. Counsel, Topeka, Kan., for petitioner.

James F. Rill, Asst. Atty. Gen., Robert B. Nicholson and John P. Fonte, Dept. of Justice, Robert S. Burk, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, Michael Martin, I.C.C., Washington, D.C., for respondents.

Before BALDOCK, BARRETT and EBEL, Circuit Judges.

Submitted on the Briefs.*

BARRETT, Senior Circuit Judge.

The State Corporation Commission for the State of Kansas ("KCC") seeks review of an order issued by the Interstate Commerce Commission ("ICC") granting Greyhound Lines, Inc. ("Greyhound") permission to discontinue bus service over three routes in Kansas. We have jurisdiction pursuant to 28 U.S.C. §§ 2321(a) and 2342(5).

I.

Prior to 1982, a bus...

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