Curtis, Inc. v. Interstate Commerce Commission and United States of America, Midwest Emery Freight System, Inc., Intervenor-Petitioner

SEYMOUR, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir. R. 10(e). The cause is therefore ordered submitted without oral argument.

Petitioner Curtis, Inc. and intervenor-pe-titioner Midwest Emery Freight System, Inc. (petitioners) seek review of a decision of the Interstate Commerce Commission (ICC) granting authority to National Carriers, Inc. (NCI) to transport frozen foodstuffs as a common carrier…