COMMON CARRIER CONFERENCE, ETC. v. UNITED STATES

No. 75-1510.

534 F.2d 981 (1976)

COMMON CARRIER CONFERENCE — IRREGULAR ROUTE, a Conference of the American Trucking Associations, Inc., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Steel Carriers Conference of A.T.A., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1976.

Rehearing Denied May 17, 1976.


Attorney(s) appearing for the Case

Edward G. Villalon, Washington, D. C., with whom James E. Wilson and Jon F. Hollengreen, Washington, D. C., were on the brief for petitioner and intervenor Steel Carriers Conference of A. T. A. Chandler L. van Orman, Washington, D. C., was on the brief for intervenor, Pre-Fab Transit Co.

Peter A. Fitzpatrick, Atty., I. C. C., Washington, D. C., with whom Fritz R. Kahn, Gen. Counsel, I. C. C. and John H. D. Wigger, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Paul M. Daniell, Washington, D. C., of the bar of the Supreme Court of the United States, pro hac vice by special leave of court, with whom Edward G. Villalon, Washington, D. C., was on the brief for intervenors, Watkins Motor Lines, Inc., and others.

John P. McMahon and A. Charles Tell, Columbus, Ohio, were on the brief for intervenors, Ace Doran Hauling & Rigging Co., and others.

E. Stephen Heisley, Washington, D. C., was on the brief for intervenor, Colonial Refrigerated Transportation, Inc.

Edward G. Villalon, Washington, D. C., signed a brief for intervenors Anderson Trucking Service, Inc., and others.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge and A. SHERMAN CHRISTENSEN, United States Senior District Judge for the District of Utah.


PER CURIAM:

The issues in this case are well known to the industry, and are reasonably identified in the opinions (including the dissenting opinion) of the Interstate Commerce Commission on reconsideration. We therefore propose no extended statement of the facts and issue. At issue are the Commission's Gateway Elimination Regulations challenged as being in excess of the Commission's statutory authority and as being promulgated without adequate notice. These regulations...

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