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LEMMON TRANSPORT COMPANY v. UNITED STATES

Civ. A. No. 73-C-183-A.

393 F.Supp. 838 (1975)

LEMMON TRANSPORT COMPANY, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Chemical Leaman Tank Lines, Inc., Intervening Defendant.

United States District Court, W. D. Virginia.

May 13, 1975.

Attorney(s) appearing for the Case

Wilmer B. Hill, Washington, D. C., Charles L. Harrington, Marion, Va., for plaintiff.

Leigh B. Hanes, Jr., U. S. Atty., Roanoke, Va., for United States.

Fritz R. Kahn, General Counsel, Hugh W. Cuthbertson, Washington, D. C., for I.C.C.

Leonard A. Jaskiewicz, Steven L. Weiman, Grove, Jaskiewicz & Gilliam, Washington, D. C., Raymond R. Robrecht, Salem, Va., for intervening defendant Chemical Leaman Tank Lines, Inc.

Before WIDENER, Circuit Judge, TURK, Chief District Judge, and DALTON, District Judge.

OPINION

WIDENER, Circuit Judge:

This case arose due to the closing of Olin Corporation (Olin) facilities at Saltville, Virginia, and the subsequent transfer of some of Olin's operations to other areas, resulting in transportation pattern changes for their chemical goods. Lemmon Transport Company, Inc. (Lemmon) seeks to set aside Interstate Commerce Commission (ICC) orders denying its request for a certificate of public convenience and necessity authorizing...

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