NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC. and Drug and Toilet Preparation Traffic Conference, Inc., Petitioners,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Animal Shipper Parties, Flying Tiger Line Inc., Trans World Airlines et al., Our Animal Wards, and Shippers National Freight Claim Council, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 4, 1979.
Decided February 11, 1980.
Attorney(s) appearing for the Case
Renee D. Rysdahl, Washington, D. C., with whom John F. Donelan, Frederick L. Wood, Daniel J. Sweeney, and Steven J. Kalish, Washington, D. C., were on brief, for petitioners National Small Shipments Traffic Conference, Inc. et al. in Nos. 78-2163 and 78-2164.
Gerry Levenberg, Washington, D. C., for petitioners (intervenors in Nos. 78-2163 and 78-2164) Trans World Airlines et al. in No. 78-2187.
Lawrence W. Bierlein, Washington, D. C., was on brief for petitioner Council for Safe Transportation of Hazardous Articles in No. 78-2038.
David R. Murchison, Washington, D. C., with whom James E. Landry, Washington, D. C., was on brief, for petitioner Air Transport Association of America in No. 78-2308.
Thomas L. Ray, Atty., Civil Aeronautics Board, Washington, D. C., with whom Gary J. Edles, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, and Robert L. Toomey, Atty., Civil Aeronautics Board, and John J. Powers, III and Daniel J. Conway, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondent. Barry Grossman and William D. Coston, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent.
N. Marshall Meyers, Washington, D. C., was on brief for intervenor Animal Shipper Parties. Richard N. Bagenstos, Washington, D. C., also entered an appearance for intervenor Animal Shipper Parties.
J. W. Rosenthal, Washington, D. C., was on brief for intervenor Flying Tiger Line Inc. Joel Stephen Burton, Washington, D. C., also entered an appearance for intervenor Flying Tiger Line Inc.
Rotraud M. Perry, Washington, D. C., was on brief for intervenor Our Animal Wards.
William J. Augello, Huntington, N. Y., was on brief for intervenor Shippers National Freight Claim Council, Inc. Charles Ephraim and James F. Flint, Washington, D. C., also entered appearances for intervenor Shippers National Freight Claim Council, Inc.
Before WRIGHT, Chief Judge, BAZELON, Senior Circuit Judge, and ROBB, Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.
J. SKELLY WRIGHT, Chief Judge:
These consolidated cases are petitions for review of three provisions of the Civil Aeronautics Board's (CAB or Board) comprehensive general regulations governing domestic air cargo transportation. ER-1080, 14 C.F.R. § 291 (1979). The challenged rules exempt domestic air cargo carriers from (1) the duty to file tariffs with the CAB showing the carrier's rates, rules...
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