The NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC.; Drug and Toilet Preparation Traffic Conference; Eastern Industrial Traffic League, Inc.; National Retail Merchants Association, Inc.; West Chemical Products, Inc.; and The Halsey W. Taylor Co., Plaintiffs,
and
Eastern Manufacturing Confectioners Traffic Association, The National Industrial Traffic League, and The Small Business Administration, Intervening Plaintiffs,
v.
UNITED STATES of America, and Interstate Commerce Commission, Defendants,
and
Eastern Central Motor Carriers Association, Inc., Intervening Defendant.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
December 23, 1970.
December 23, 1970.
Attorney(s) appearing for the Case
Arthur A. Arsham, New York City (Arsham & Keenan, New York City, of counsel), and Daniel J. Sweeney, Chicago, Ill. (Belnap, McCarthy, Spencer & Hardy, Chicago, Ill., of counsel), for plaintiffs.
Edward W. Hummers, Jr., Washington, D. C. (Fletcher, Heald, Rowell, Kenehan & Hildreth, Washington, D. C., of counsel), for intervening plaintiff Eastern Manufacturing Confectioners Traffic Assn.
John M. Cleary, Washington, D. C., for intervening plaintiff, National Industrial Traffic League.
George Edelstein, Washington, D. C. (Anthony G. Chase, Gen. Counsel, Eugene J. Davidson, Asst. Gen. Counsel, Donald W. Farrell, Associate Gen. Counsel, John E. Kolofolias, Attorney-Advisor, Small Business Administration, Washington, D. C., of counsel), for Small Business Administration.
George Edelstein, Washington, D. C. (Gregory B. Hovendon, and Lee A. Rau, Attys., Dept. of Justice, Washington, D. C., Walker B. Comegys, Acting Asst. Atty. Gen., Antitrust Division, Washington, D. C., and Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., of counsel), for defendant the United States.
Jerome E. Sharfman, I.C.C., Washington, D. C. (Fritz R. Kahn, Gen. Counsel, I.C.C., Washington, D. C., Robert W. Ginnane, U. S. Atty., New York City, of counsel), for defendant Interstate Commerce Commission.
Homer S. Carpenter, Washington, D. C. (Rice, Carpenter & Carraway, Washington, D. C., John R. Mahoney, Casey, Lane & Mittendorf, Washington, D. C., of counsel), for intervening defendant.
Before FRIENDLY, Circuit Judge, and MURPHY and LEVET, District Judges.
United States District Court, S. D. New York.
FRIENDLY, Circuit Judge:
The National Small Shipments Traffic Conference, Inc., and five other plaintiffs, joined by the Eastern Manufacturing Confectioners Traffic Association and the National Industrial Traffic League as intervenors, here ask us to invalidate an order of the Interstate Commerce Commission served on October 28, 1969, predicated on the Commission's report in Small Shipment Rate Revision— Eastern Central Territory. 335 I.C.C. 547. The United...
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