APPLEYARD'S MOTOR TRANSP. CO. v. I. C. C.

No. 78-1287.

592 F.2d 8 (1979)

APPLEYARD'S MOTOR TRANSPORTATION CO., INC., Petitioner, and Coastal Tank Lines, Inc. and Gault Transportation, Inc., Intervening Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Petroleum Carriers, Inc., Intervening Respondent.

United States Court of Appeals, First Circuit.

Decided February 16, 1979.


Attorney(s) appearing for the Case

Maxwell A. Howell, Washington, D. C., for petitioner.

Gerald B. Fleming, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, and Frederick W. Read, III, Associate Gen. Counsel, Washington, D. C., were on brief, for respondent, I. C. C.

Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D. C., with whom John H. Shenefield, Asst. Atty. Gen., and Robert B. Nicholson, Asst. Chief, Appellate Section, Antitrust Division, Washington, D. C., were on brief, for respondent, United States.

Dwight L. Koerber, Jr., Washington, D. C., with whom Harry C. Ames, Jr., Washington, D. C., Francis E. Barrett, Jr., Hingham, Mass., and Ames, Hill & Ames, P. C., Washington, D. C., were on brief, for intervening petitioners, Coastal Tank Lines, Inc., and Gault Transportation, Inc.

Lawrence R. Ehrhard, Springfield, Mass., with whom David M. Marshall, and Marshall & Marshall, Springfield, Mass., were on brief, for intervening respondent, Petroleum Carriers, Inc.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


BOWNES, Circuit Judge.

This is an appeal from the granting of a certificate of public convenience and necessity by the ICC authorizing Petroleum Carriers, Inc., to transport petroleum products1 on irregular routes from points in Rhode Island to points in Massachusetts, and from points in Massachusetts to points in New Hampshire. The matter was handled under the Commission's modified procedure.2 Six shippers...

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