Colonial Refrigerated Transportation, Inc. v. United States of America and the Interstate Commerce Commission

JAMES C. HILL, Circuit Judge:

This is a “gateway elimination” case. 1 Petitioner, Colonial Refrigerated Transportation, Inc., sought to eliminate the gateway of Chattanooga, Tennessee, in an application filed with the Interstate Commerce Commission (ICC) on June 4, 1974. After getting caught in a procedural morass, the application was finally denied and this appeal followed. We vacate and remand for further proceedings.

For years the ICC permitted irregular-route motor common carriers 2 to combine or “tack” separate and unrestricted operating authorities at their common points, i. e., gateways,…