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NORTH AMERICAN VAN LINES, INC. v. UNITED STATES

Civ. No. F 75-31.

412 F.Supp. 782 (1976)

NORTH AMERICAN VAN LINES, INC., Plaintiff, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

April 20, 1976.

Attorney(s) appearing for the Case

Virgil L. Beeler, Theodore R. Boehm, Michael J. Huston, Indianapolis, Ind., Martin A. Weissert and Terry J. Fewell, Fort Wayne, Ind., for plaintiff.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., John H. D. Wigger, Asst. Atty. Gen., Hanford O'Hara and Hugh W. Cuthbertson, ICC, Washington, D. C., for defendants.

Before PELL, Circuit Judge, and ESCHBACH and SHARP, District Judges.

MEMORANDUM OF DECISION AND JUDGMENT

ESCHBACH, District Judge.

The Interstate Commerce Commission, charged under 49 U.S.C. §§ 306-07 with the duty of issuing certificates of convenience and necessity to carriers of goods in interstate commerce,1 employs a "flagging" or deferral rule in considering applications for new operating authority submitted by established carriers. Under this practice, when an applicant's fitness...

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