Cape Air Freight, Inc., a Corporation v. United States of America and the Interstate Commerce Commission, Pinto Trucking Service, Inc., Intervenor

BREITENSTEIN, Circuit Judge.

Cape Air Freight, Inc., petitions for review of a cease and desist order of the Interstate Commerce Commission, ICC. Cape is a certificated motor carrier of freight. The issue is whether the proscribed operations are within the authority granted to Cape. We have both jurisdiction and venue. See 28 U.S.C. §§ 2342 and 2343. We affirm the ICC order.

In December, 1975, ICC brought suit against Cape in the United States District Court for the District of Kansas to enjoin the operations here in question on the ground that they were beyond the authority granted in the ICC…