NATIONAL ASSOCIATION OF MOTOR BUS OWNERS v. F. C. C.

Nos. 666, 667, Dockets 71-2119, 71-2120.

460 F.2d 561 (1972)

NATIONAL ASSOCIATION OF MOTOR BUS OWNERS and American Trucking Associations, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company et al., Intervenors.

United States Court of Appeals, Second Circuit.

Decided May 24, 1972.


Attorney(s) appearing for the Case

Richard P. Taylor, Washington, D. C. (Steptoe & Johnson, Washington D. C., of counsel), for petitioner National Assn. of Motor Bus Owners.

Arthur Blooston, Washington, D. C. (Jeremiah Courtney, Washington, D. C., of counsel), for petitioner American Trucking Assns., Inc.

Jon H. Marple, Counsel, F. C. C., Washington, D. C. (John W. Pettit, Gen. Counsel, Joseph A. Marino, Associate Gen. Counsel, F. C. C., Washington, D. C., Walker B. Comegys, Acting Asst. Atty. Gen., George Edelstein, Atty., Dept. of Justice, Washington, D. C., of counsel), for respondent Federal Communications Comm.

Hugh B. Cox, Washington, D. C. (E. Edward Bruce, Washington, D. C., C. Duane Aldrich, New York City, of counsel), for intervenors American Telephone and Telegraph Co. and Associated Bell System Companies.

Melvin Richter, Washington, D. C. (Jack Werner, Washington, D. C., Richard C. Hostetler, New York City, of counsel), for intervenor Western Union Telegraph Co.

Before KAUFMAN, MANSFIELD and TIMBERS, Circuit Judges.


MANSFIELD, Circuit Judge:

The principal question raised by these petitions for review is whether the Federal Communications Commission ("FCC") has complied with the mandate issued by this Court pursuant to our decision in American Telephone & Telegraph Co. v. FCC, 449 F.2d 439 (2d Cir. 1971), reversing an FCC order which had directed the carriers (American Telephone and Telegraph Company, Associated Bell System Companies and Western...

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