Russell Transfer, Incorporated v. United States of America and Interstate Commerce Commission

WIDENER, Circuit Judge:

This appeal seeks to set aside an order by the Interstate Commerce Commission denying a gateway elimination application filed by the petitioner, Russell Transfer, Inc. (Russell). While the order of the commission is affirmed, we remand this matter to the ICC, for the limited purpose of determining what, if any, effect that denial will have upon certain specific authorization contained in Russell’s operating authority allowing tacking operations.

The petitioner, Russell, is a common carrier authorized by the ICC to engage in interstate cartage. As such, it could,…