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NATIONAL SMALL SHIP. TRAF. CONF., INC. v. UNITED STATES

No. 74 Civ. 1265.

388 F.Supp. 245 (1974)

The NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants.

United States District Court, S. D. New York.

December 24, 1974.

Attorney(s) appearing for the Case

Belnap, McCarthy, Spencer, Sweeney & Harkaway, Daniel J. Sweeney, Washington, D. C., Arsham & Keenan, Arthur A. Arsham, William Q. Keenan, New York City, for plaintiffs.

Michael Devorkin, Asst. U. S. Atty., John H. D. Wigger, Atty., Dept. of Justice, Thomas E. Kauper, Asst. Atty. Gen., for defendant United States of America.

Theodore C. Knappen, Washington, D. C., for defendant Interstate Commerce Commission.

Homer S. Carpenter, John S. Fessenden, Bryce Rea, Jr., Washington, D. C., John R. Mahoney, New York City, for intervening defendants Central & Southern Motor Freight Tariff Association, Inc., and others.

John P. Tynan, New York City, Bryce Rea, Jr., Washington, D. C., for intervening defendants Household Goods Carriers' Bureau, Inc. and Steel Carriers' Tariff Association, Inc.

Gordon P. MacDougall, Sp. Asst. Atty. Gen., Washington, D. C., for intervening defendant Commonwealth of Pennsylvania.

White & Case, New York City, Wayne L. Emery, Pittsburgh, Pa., for intervening defendant United States Steel Corp.

Cravath, Swaine & Moore, John Linsenmeyer, New York City, for intervening defendant Bethlehem Steel Corp.

Before MULLIGAN, Circuit Judge, and PIERCE and STEWART, District Judges.

OPINION

STEWART, District Judge:

Plaintiffs, national associations of shippers, filed this action1 on March 19, 1974, challenging the validity of special permission orders2 issued February 7 and 8, 1974 by the Interstate Commerce Commission ("ICC")3 authorizing six percent fuel surcharges for motor carriers.

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