AMERICAN TRUCKING ASSOCIATIONS, INC. v. F. C. C.

Nos. 19427, 19464-19467, 19472, 19475, 19479.

377 F.2d 121 (1966)

AMERICAN TRUCKING ASSOCIATIONS, INC., Bethlehem Steel Corporation, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. International Business Machines Corporation, Western Union Telegraph Company, New York Central Railroad Company, Dow Jones & Company, Inc., Intervenors. TWIN COAST NEWSPAPERS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, Intervenor. The ASSOCIATED PRESS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, Intervenor. AERONAUTICAL RADIO, INC. et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, New York Central Railroad Company, Intervenors. AMERICAN TELEPHONE AND TELEGRAPH CO., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, New York Central Railroad Company, Dow Jones & Company, Inc., International Business Machines Corporation, Intervenors. LOCKHEED AIRCRAFT CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, Intervenor. XEROX CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, Intervenor. UNITED STATES of America, Acting Through the ADMINISTRATOR OF GENERAL SERVICES, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Western Union Telegraph Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided September 15, 1966.

Certiorari Denied February 27, 1967.


Attorney(s) appearing for the Case

Mr. Robert H. Young, Washington, D. C., with whom Mr. Jeremiah Courtney, Washington, D. C., was on the brief for petitioners in No. 19427, argued on behalf of petitioners in No. 19427, petitioner in No. 19464, petitioner in No. 19465, petitioners in No. 19466, petitioner in No. 19472, and petitioner in No. 19475.

Mr. Howard J. Trienens, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. J. Edward Day, Jules M. Perlberg, and Gary L. Cowan, Chicago, Ill., were on the brief, for petitioner in No. 19467.

Mr. Thomas J. O'Reilly, Asst. Gen. Counsel, G. S. A., of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of court, with whom Mr. J. E. Moody, Gen. Counsel, G. S. A., was on the brief, for petitioner in No.19479. Messrs. John T. Ketcham and Paul P. Fitzpatrick, Attys., G. S. A., also entered appearances for petitioner in No. 19479.

Mr. John H. Conlin, Associate Gen. Counsel, F. C. C., with whom Mr. Henry Geller, Gen. Counsel, and Mr. Robert D. Hadl, Counsel, F. C. C., were on the brief, for respondents. Mrs. Lenore G. Ehrig, Counsel, F. C. C., also entered an appearance for respondent Federal Communications Commission.

Mr. Jack Werner, Washington, D. C., with whom Messrs. Melvin Richter, Washington, D. C., and John H. Waters, New York City, were on the brief, for intervenor Western Union Telegraph Co.

Mr. Donald C. Beelar, Washington, D. C., was on the brief for petitioners in Nos. 19464 and 19465. Mr. James M. Johnstone, Washington, D. C., also entered an appearance for petitioners in Nos. 19464 and 19465.

Messrs. Donald C. Beelar, Paul A. Porter, John E. Stephen, Washington, D. C., and Harold L. Russell, Atlanta, Ga., were on the brief for petitioners in No. 19466. Mr. James M. Johnstone, Washington, D. C., also entered an appearance for petitioner in No. 19466.

Messrs. James A. McKenna, Jr., Joseph M. Kittner, and Aaron I. Fleischman, Washington, D. C., were on the brief for petitioner in No. 19472.

Messrs. Paul A. Porter and Reed Miller, Washington, D. C., were on the brief for petitioner in No. 19475.

Mr. Charles R. Richey, Washington, D. C., was on the brief for intervenor New York Cent. R. Co. in Nos. 19427, 19466 and 19467.

Messrs. Lloyd N. Cutler, Louis F. Oberdorfer, J. Roger Wollenberg, and David R. Anderson, Washington, D. C., were on the brief for intervenor International Business Machine Corp. in Nos. 19427 and 19467.

Mr. William J. LeBuhn, Washington, D. C., entered an appearance for intervenor Dow Jones & Co., Inc., in Nos. 19427 and 19467.

Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and WRIGHT, Circuit Judge.


Certiorari Denied February 27, 1967. See 87 S.Ct. 973.

PRETTYMAN, Senior Circuit Judge.

These are petitions to review three orders of the Federal Communications Commission relating to rates of the American Telephone and Telegraph Company. The eight proceedings, separately filed, were consolidated for argument and decision. The three orders are a Tentative Decision, released March 20, 1964, a Memorandum Opinion and Order, released December 24, 1964, and a Memorandum...

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