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RITTER TRANSP., INC. v. I. C. C.

No. 81-2116.

684 F.2d 86 (1982)

RITTER TRANSPORTATION, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Port Norris Express Co., Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 27, 1982.

Attorney(s) appearing for the Case

Michael D. Bromley, Washington, D. C., with whom Chester A. Zyblut, Washington, D. C., was on brief, for petitioner.

Colleen J. Bombardier, Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, and Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., were on the brief, for respondents. John Broadley, Atty., I. C. C., Washington, D. C., also entered an appearance for respondent I. C. C.

Robert B. Nicholson and George Edelstein, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent U. S.

William P. Jackson, Jr., Arlington, Va., was on brief, for intervenor.

Before EDWARDS and GINSBURG, Circuit Judges, and JAMESON, Senior District Judge, for the District of Montana.

Opinion for the Court filed by Senior District Judge JAMESON.

JAMESON, Senior District Judge:

Ritter Transportation Inc. seeks to review and set aside a decision of the Interstate Commerce Commission granting the application of Port Norris Express Co. Inc. to broaden the commodities authorized in its certificate of public convenience and necessity. A certificate issued in 1973 authorized Port Norris to transport "cullet in bulk" (broken glass) between points...

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