SOUTHERN MOTOR CARRIERS RATE CONFERENCE INC. v. U. S.

Civ. A. Nos. 74-1133, 75-0131.

417 F.Supp. 1186 (1976)

SOUTHERN MOTOR CARRIERS RATE CONFERENCE INC. and Central & Southern Motor Freight Tariff Ass'n, Inc., Intervening-Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants. DRUG AND TOILET PREPARATION TRAFFIC CONFERENCE et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Middle Atlantic Conference et al., Intervening-Defendants.

United States District Court, District of Columbia, Civil Division.

July 19, 1976.


Attorney(s) appearing for the Case

Robert E. Born, Atlanta, Ga., admitted pro hac vice, for intervening-plaintiff Southern Motor Carriers Rate Conference, Inc.

Norman R. Powell, Louisville, Ky., admitted pro hac vice, for intervening-defendant Central and Southern Motor Freight Tariff Association.

Walter H. Walker, III, Washington, D.C., for ICC and United States.

Jacob P. Billig, Washington, D.C., for plaintiffs Drug & Toilet Preparation Traffic Conference, Eastern Industrial Traffic League, and National Small Shipments Traffic Conference, Inc.

John M. Cleary, Washington, D.C., for plaintiffs Grocery Manufacturers of America, Inc., and National Industrial Traffic League.

Ronald K. Kolins, Washington, D.C., for plaintiff National Association of Food Chains.

Bryce Rea, Jr., Washington, D.C., for intervening-defendants Middle Atlantic Conference; New England Motor Rate Bureau, Inc.; Eastern Central Motor Carriers Association; Central States Motor Freight Bureau, Inc.

Before LEVENTHAL, Circuit Judge, and GASCH and ROBINSON, District Judges.


LEVENTHAL, Circuit Judge:

This is one of the last gasps of three-judge district court review over orders of the Interstate Commerce Commission (ICC or Commission).1 It presents a consolidated suit to set aside the ICC report and order in Docket No. 34661 (Sub-No. 26), et al., Segregation of Freight, New England and Middle Atlantic States, 340 I.C.C. 306, decided November 24, 1971 (1971 Order). By that report and order, the Commission...

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