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MIDWEST COAST TRANSPORT, INC. v. UNITED STATES

No. CIV 74-4036.

391 F.Supp. 1209 (1975)

MIDWEST COAST TRANSPORT, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Kansas-Arizona Motor Express, Inc., Intervening Defendant.

United States District Court, D. South Dakota, S. D.

April 14, 1975.

Attorney(s) appearing for the Case

James R. Becker, May, Johnson & Burke, Sioux Falls, S. D., for plaintiff.

William F. Clayton, U. S. Dist. Atty., for the District of South Dakota, Sioux Falls, S. D., Thomas E. Kauper, Asst. Atty. Gen., and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., for defendant United States of America.

Fritz R. Kahn, Gen. Counsel, and James Kurth, Atty., Interstate Commerce Commission, Washington, D. C., for defendant Interstate Commerce Commission.

David V. Vrooman, Sioux Falls, S. D., and Bruce E. Mitchell, Serby & Mitchell, P. C., Atlanta, Ga., for intervening defendant.

Before BRIGHT, Circuit Judge, and NICHOL and BENSON, Chief District Judges.

OPINION OF THE COURT

NICHOL, Chief District Judge.

Kansas-Arizona Motor Express, Inc. (hereinafter Kansas-Arizona) applied to the Interstate Commerce Commission under Section 209 of the Interstate Commerce Act, 49 U.S.C. Sec. 309, for a permit authorizing operation as a contract motor carrier. The application, as subsequently amended, sought permission to operate as a contract carrier by motor vehicle over irregular routes transporting meats, meat products...

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