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NATIONAL INDUSTRIAL TRAFFIC LEAGUE v. UNITED STATES

Civ. A. Nos. 2358-67, 3218-67.

287 F.Supp. 129 (1968)

The NATIONAL INDUSTRIAL TRAFFIC LEAGUE, the National Small Shipments Traffic Conference, Inc., Drug & Toilet Preparation Traffic Conference, Plaintiffs, v. UNITED STATES of America, and Interstate Commerce Commission, Defendants (two cases).

United States District Court District of Columbia.

July 22, 1968.

Attorney(s) appearing for the Case

John F. Donelan, John M. Cleary and John H. Caldwell, Washington, D. C., for plaintiff, the National Industrial Traffic League.

Arthur A. Arsham and John J. C. Martin, New York City, for plaintiffs, the National Small Shipments Traffic Conference, Inc., and Drug and Toilet Preparation Traffic Conference.

Donald F. Turner, Asst. Atty. Gen., John H. D. Wigger, Atty., Dept. of Justice, and David G. Bress, U. S. Atty., for defendant United States.

Robert Ginnane, Gen. Counsel, and Betty Jo Christian, Atty., I.C.C., for defendant Interstate Commerce Commission.

LeGrand A. Carlston, Z. L. Pearson, Jr., and Gerald M. Werth, Denver, Colo., and Bryce Rea, Jr., Washington, D. C., for intervening defendant, Rocky Mountain Motor Tariff Bureau, Inc.

Bryce Rea, Jr., and Charles A. Moran, Jr., Washington, D. C., for intervening defendant, Pacific Inland Tariff Bureau, Inc.

William H. Dempsey, Jr., and Richard M. Sharp, Washington, D. C., for intervening defendants Freight Forwarders.

Before BURGER and McGOWAN, Circuit Judges, and MATTHEWS, District Judge.

OPINION

PER CURIAM.

In each of two cases before the court the plaintiffs assert that they seek to obtain enforcement of an order of the Interstate Commerce Commission suspending and deferring the use of certain increased motor carrier rates. The plaintiffs are organizations concerned with such carrier rates. The defendants are the United States of America, the Interstate Commerce Commission, and sixteen intervenors.1 This three...

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