MIDDLE ATLANTIC CONFERENCE v. UNITED STATES

Civ. A. No. 1166-70.

353 F.Supp. 1109 (1972)

MIDDLE ATLANTIC CONFERENCE et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, District of Columbia.

December 21, 1972.


Attorney(s) appearing for the Case

Bryce Rea, Jr., John R. Bagileo, Washington, D. C., for plaintiffs Middle Atlantic Conference, Eastern Central Motor Carriers Assn., Inc., and The New England Motor Rate Bureau, Inc. (intervenor).

John Womack, Louisville, Ky., for plaintiff Central & Southern Motor Freight Tariff Association, Inc.

Guy H. Postell, Atlanta, Ga., for plaintiff Southern Motor Carriers Rate Conference.

Harold A. Titus, Jr., Washington, D. C., for defendants United States and United States District Court.

John H. D. Wigger, Washington, D. C., for defendant Dept. of Justice.

Raymond Zimmet, I. C. C., Washington, D. C., for defendant I. C. C.

Arthur L. Shipe, Burlington, Mass., for intervening plaintiff The New England Motor Rate Bureau, Inc.

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

William P. Sullivan, Washington, D. C., for intervening defendants National Assn. of Refrigerated Warehouses, Inc. and American Warehousemen's Assn.

Charles B. Myers, Chicago, Ill., for intervening defendant American Warehousemen's Assn.

Robert G. Seaks, Washington, D. C., Harry N. Babcock, Cleveland, Ohio, Rene J. Gunning, Baltimore, Md., for intervening defendants The Chesapeake and Ohio Railway Company and Western Maryland Railway.

Before TAMM and MacKINNON, Circuit Judges, and PARKER, District Judge.


OPINION

MacKINNON, Circuit Judge:

This is an action seeking to set aside and enjoin a report and order of the Interstate Commerce Commission (Commission). Our jurisdiction is invoked under 28 U.S.C. §§ 1336, 1398, 2284, 2321 and 2325. Briefly stated, the Commission order prohibits motor common carriers from specifying in their tariffs that certain warehousemen, pier operators, brokers, steamship agencies, and others similarly situated (generally...

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