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TNT TARIFF AGENTS, INC. v. I. C. C.

No. 203, Docket 75-4052.

525 F.2d 1089 (1975)

TNT TARIFF AGENTS, INC. and National Carloading Corporation, Petitioners, v. The INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, and Eastern Central Motor Carriers Association, Inc. and Rocky Mountain Motor Tariff Bureau, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided November 18, 1975.

Attorney(s) appearing for the Case

Elliott C. Winograd, New York City, for petitioners.

Thomas E. Kauper, Asst. Atty. Gen., Dept. of Justice (John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C.), for respondent United States.

Lloyd John Osborn, I.C.C. (Fritz R. Kahn, Gen. Counsel, I.C.C., Washington, D. C.), for respondent Interstate Commerce Commission.

John R. Mahoney, New York City (Casey, Lane & Mittendorf, New York City), for Intervenor Eastern Central Motor Carriers Association, Inc.

John R. Mahoney, New York City (Casey, Lane & Mittendorf, New York City) and William E. Kenworthy, Denver, Colo., for Intervenor Rocky Mountain Motor Tariff Bureau, Inc.

Before WATERMAN, OAKES and MESKILL, Circuit Judges.

WATERMAN, Circuit Judge:

Petitioners TNT Tariff Agents, Inc. (hereinafter "TNT") and National Carloading Corporation (hereinafter "National") seek to set aside orders of the Interstate Commerce Commission entered in two separate, but closely related, administrative proceedings. In I.C.C. Docket No. 35921,1 the Commission found TNT's "Tariff East" to be unjust and unreasonable. In I.C.C. Docket No. 35921 (Sub-No. 1),2...

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