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Inc., at Brush, Colo., to the plantsite of Glover Packing Company at Roswell, N. Mex. The operations authorized herein are limited to a transportation service to be performed, under a continuing contract or contracts with Sigman Meat Company, Inc., of Denver, Colo.

Sub No. 13 (Issued November 17, 1969):

Meats, meat products, and meat byproducts, and articles distributed by meat packinghouses, as described in sections A and C of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766, from Denver and Greeley, Colo., to points in Arizona, California, Oregon, Texas, Utah, and Washington. The operations authorized herein are limited to a transportation service to be performed under a continuing contract, or contracts, with the following shippers: Denver Meat Company, San Jose, Calif., and Litvak Meat Company, Inc., Denver, Colo.

Sub No. 16 (Issued February 8, 1972):

Meats, meat products, and meat byproducts, as described in section A of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766, from the plantsite, warehouse, and storage facilities of Pepper Packing Co., at Denver, Colo., to points in California. The operations authorized herein are limited to a transportation service to be performed, under a continuing contract or contracts with Pepper Packing Co., of Denver, Colo.; and from the plantsite, warehouse, and storage facilities of York Packing Co., Inc., at York, Nebr., to Denver, Colo., and points in California. The operations authorized herein are limited to a transportation service to be performed under a continuing contract or contracts with York Packing Co., Inc., of York, Nebr.

Sub No. 20 [Issued September 1, 1972):

Meats, meat products, and meat byproducts, and articles distributed by meat packinghouses as described in sections A and C of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766 (except hides, and commodities in bulk, in tank vehicles), from Brush and Denver, Colo., to Albuquerque, N. Mex. The operations authorized herein are limited to transportation service to be performed, under a continuing contract, or contracts, with Sigman Meat Company, Inc., of Denver, Colo.

a

Sub No. 22 (Issued March 30, 1973):

Meats, meat products, and meat byproducts, as described in section A of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766, between York, Nebr., and Downs, Kans:

Said operations are restricted to traffic originating at and destined to plantsites, warehouses, and storage facilities of York Packing Co., York, Nebr., and Pork Packers International, Inc., Downs, Kans.

Said operations are limited to a transportation service to be performed, under a continuing contract or contracts, with York Packing Co., and Pork Packers International, Inc.

Sub No. 24 (Issued August 29, 1972):

Rendered lard, in bulk, in tank vehicles, from. Downs, Kans., to York, Nebr.; and from York, Nebr., and Downs, Kans., to Denver, Colo.

The operations authorized herein are limited to a transportation service to be performed, under a continuing contract, or contracts, with York Packing Co., of York, Nebr.

APPENDIX C

Authority granted

A. Meats, meat products, and meat byproducts as described in section A of appendix I to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766.

(1) From plantsites, warehouses, and storage facilities of Sigman Meat Co., at Brush, Colo., and points in Denver and Jefferson Counties, Colo., to points in Arizona, California, and Nevada.

(2) From the plantsite of York Packing Co., Inc., York, Nebr., El Paso, Tex., and points in Arizona, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and Washington.

(3) From the plantsites, warehouses, and storage facilities of Sigman Meat Co., at Denver and Brush, Colo., to points in Idaho, Montana, Oregon, Utah, Washington, and Wyoming

(4) From the plantsite, warehouse, and storage facilities of Pepper Packing Co., at Denver, Colo., to points in California.

(5) From the plantsite, warehouse, and storage facilities of York Packing Co., Inc., at York, Nebr., to Denver, Colo., and points in California.

(6) Between the plantsites, warehouses, and storage facilities of York Packing Co., at York, Nebr., and the plantsites, warehouses, and storage facilities of Pork Packers International, Inc., at Downs, Kans.

Restricted in (2) above, against the transportation of commodities in bulk, in tank vehicles.

Restricted in (3) above, against the transportation of commodities in bulk.

Restricted in (1) through (6) above, to the transportation of traffic originating at the specified origins and destined to the specified destinations.

B. Meats, meat products, and meat byproducts and articles distributed by meat packinghouses as described in sections A and C of appendix 1 to the report in Descriptions in Motor Carrier Certificates, 61 M.C.C. 209 and 766.

(1) From the plantsites, warehouses, and storage facilities of Denver Meat Co., at Denver and Greeley, Colo., to the plantsites, warehouses, and storage facilities of Denver Meat Co., located at San Jose and Monterey, Calif.

(2) From the plantsites, warehouses, and storage facilities of Litvak Meat Co., Inc., at Denver, Colo., to points in Arizona, California, Oregon, Texas, Utah, and Washington

Restricted in (1) and (2) above, to the transportation of traffic originating at the specified origin points and destined to the specified destination points.

C. Rendered lard, in bulk, in tank vehicles.

(1) From the plantsite of Pork Packers International, Inc., at Downs, Kans., to York, Nebr.

(2) From the plantsite of York Packing Co., Inc., at York, Nebr., and the plantsite of Pork Packers International, Inc., at Downs, Kans., to Denver, Colo.

Restricted in (1) and (2) above, to the transportation of traffic originating at the specified origins and destined to the specified destination points.

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ADMINISTRATIVE PROCEDURE ACT
Appeal, allows Commission to limit

issues on 743
85: 798, 818
$554(b): 565, 818
8554(b)(3): 435
$554(c)(1): 818
8555(d): 814
8556(d): 579
8557(c): 44
$558(c): 567, 699

APPLICANTS
Currently transports commodity for

shipper satisfactorily, indicates quality

of proposed service 431
Names changed to reflect proposed

service, justified 291

ADVERTISEMENTS
Additional equipment, for, establish

equipment shortage 189

AFFILIATION See also COMMON

RANGEMENT
Applicant and support shipper

Discrimination or preference, forms
possible 896
Fitness, a factual determination 896
Minority stock interests only in both
entities 896
Shipper's traffic a small percentage of
that handled, other shippers aware of
affiliation support application,

APPLICATIONS See also NOTICE
Amendments

Have significance only to carriers
already parties to proceeding 290
Restrictive, proposed in excep-

tions 664
Environmental impact minimal 457
Extremely broad authority, for,

Commission is under no obligation to
initiate the carving out of some lesser
service possibly warranted by selected

parts of the record 99
Federal Register caption sheet required

with 823, 838
Fee, discussed 335
Forms, revised 790, 849
Lawyer not needed to prepare 336
Multiple, considerations involved

in 711
Notice required under $5 of APA 798

APPLICATIONS-Continued
Operational feasibility, all applicants

must submit evidence concerning 195
Procedure adjudicatory in nature 798
Similar authority, of other carriers for,

considered 630

AUTHORITIES, INTERPRETATION See

also COMMODITY DESCRIPTIONS;
INTENDED USE TEST
“Between points in 17 named States) and

Mississippi, within 175 miles of
Chattanooga,” under Doctrine of Last
Antecedent "within" phrase applies to
all States and not just Mississippi 435,

439
“Commodities dealt in by grocery

stores" 425
“Construction materials," excludes

certain iron and steel articles under
intended use test

191
Doctrine of the Last Antecedent

Ambiguity, used in initial
determination of 434
Applied 435
Doctrine stated 434
Misplaced comma, in proposed
restriction, does not render notice of
application ambiguous 291

Not applicable 291
General commodities

Excludes truckaway transportation of
trailers 33

Livestock no longer exception to 762
"Groceries and grocery store supplies,”

not equivalent to “such commodities as
are dealt in or sold by wholesale, retail,

and chain grocery stores” 417, 423
“Groceries," commodities included 423
Grocers, “such commodities as are dealt

in by," borders on general commodities

authority 424
Grocery stores, commodities dealt in

by 425
Grocery stores, wholesale, retail, or

chain, such commodities as are dealt in
by
Commodities transported under,
criteria 781
Excludes commodities sold by grocer
as sideline 788

Excludes crates, skids, and pallets of
glass, feed supplement, insecticides,
radio receiving sets and phonograph
players, glass fiber rovings or yarn,
cleaning compounds, chemical
dangerous compressed gas, and electric
motors 785, 788
Excludes hard liquor and prescription
drugs 788
Excludes titanium dioxide, synthetic
plastic material powder, printing
paper, bags of acid, and drums of
chemicals 785
“Groceries and grocery store supplies,"
not equivalent to 417, 423
Includes beer, wine, nonprescription
drugs and medicines, and Fuller Brush
products 785
Other retail businesses distinguished

from grocery stores 788
Hardware, excludes iron filings and steel

sheets 627
Household goods carriers, cannot

transport demonstration trailers 283
"Industrial plants (and related

commodities)” excludes tanks and

grader and blade 436
Lathes, included in machinery 547
Livestock, no longer exception to general

commodities 762
“Machinery," includes lathes 547
Manikins and display figures, uncrated,

and supplies to be used in connection
with store displays
Includes only “supplies” ancillary to
sale or display of manikins and display
figures 328
Not equivalent to "general com-

modities" 328
Size-and-weight, excludes truckaway

transportation of trailers 33
Time of issuance, terms defined by and

do not shift with time 590, 626
“Traffic moving to or from points south

of Columbus, Ga.," restriction
precludes transportation between
Columbus and Atlanta which originates
at, is destined to, or is interchanged at
Columbus when not moving to or from
points south 46

Truckaway transportation of trailers,

excludes general and size-and-weight
commodities 33

B

Air and motor transportation, combined,

authority granted to arrange 735
Burden of proof 229, 733
Competition

Grant will foster beneficial 734
Protestants

not

immune from
increased 734
Consolidation and distribution,

warehouse services, not since no

charge made for selecting carrier 219
Criteria for determining applica-

tion 229, 733
Personalized local service, public

dependence on considered 734
“Preformed affinity groups" (senior

citizens, minority groups,
schoolchildren), personalized service

to, offers something of value 230
Protestants' inability to attract public to

which applicant appeals 734
Public testimony, limitations con-

sidered 229
Restriction, class of users or type of tour,

not imposed 230
Something of value or benefit to carriers

or public shown by public testimony or
by plan of future operations supported

by existing carriers 229
Special or chartered party service
contract, agent not party to

22
Transportation, of, motor carrier

applicant owning no equipment,
dependent on owner-operators and trip

lessors, amounts to 629
Travel agents not licensed as, must

comply with Tauck Tours requirements
in arranging charter parties 725

BURDEN OF PROOF
Applicant, to show existing service

inadequate 581
Brokerage application 229, 733
Clear and convincing evidence standard

inapplicable; substantial evidence

required 579
Contract carrier burden less stringent

than that imposed

BACKHAUL
Contract carriers

Applicant, a separate corporate entity
owned by supporting shipper wishing
to end private carriage, permit granted
to reduce empty 366
Assigned equipment, use of, on 367
Distinct need test, reduction of empty,

does not per se meet 370
Dead heading in proposed operation

considered 610, 629
Operational feasibility, all applicants

must submit evidence concerning, of

proposed operations 195
Special or chartered party service

Dead head mileage regulations 21
Regulations amended to avoid

empty 25

BANKRUPTCY

Applicant, financially unfit 74

BARGE-TRUCK OPERATION See IN-
TERMODAL TRANSPORTATION

BILLS OF LADING
Failure to show required information on,

fitness issue 57
Shipper fails to bring, but has personal

knowledge, testimony admissible 95

BRIEFS
Analyzes only part of protestants' evi-

dence, not improper 93
Reply to concurrently filed, not

considered 93

BROKERS See also TRAVEL
Affiliated with motor carrier of

passengers, license granted subject to
restriction against duplicative
operations, when protesting brokers do
not maintain offices in involved area or
show possible traffic diversion 734

carrier 892
Conversion from contract carriage, same

as original common carrier appli.
cation 892, 895

on

common

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