NATIONAL ASSOCIATION OF FOOD CHAINS, INC. and Eastern Meat Packers Association, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION et al., Respondents,
Colonial Refrigerated Transportation, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 14, 1976.
Decided May 18, 1976.
Attorney(s) appearing for the Case
Ronald K. Kolins and Allan I. Mendelsohn, Washington, D.C., with whom Lauren R. Oldak and Edwin H. Pewett, Washington, D.C., were on the brief for petitioners.
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. Charles H. White, Jr., Atty., I. C. C., Washington, D.C., also entered an appearance for respondent I. C. C.
Paul M. Daniell, Atlanta, Ga., of the bar of the Supreme Court of Georgia pro hac vice, by special leave of court, with whom E. Stephen Heisley, Washington, D.C., was on the brief, for intervenors Colonial Refrigerated Transportation, Inc., and others.
Elliott Bunce, Washington, D.C., was on the brief for intervenor Southern Motor Carriers Rate Conference, Inc.
R. M. Tettelbaum and Bruce E. Mitchell, Atlanta, Ga., were on the brief for intervenor Refrigerated Transport Co., Inc.
Allan I. Mendelsohn and J. Bruce Davis, Washington, D.C., filed a brief on behalf of the Colorado Meat Dealers Ass'n as amicus curiae.
Richard A. Peterson, Lincoln, Neb., entered an appearance for intervenor, Curtis, Inc.
Before BAZELON, Chief Judge, and TAMM and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
I. BACKGROUND
This petition for review challenges a decision of the Interstate Commerce Commission which limited the scope of service which must be offered by the class of motor common carriers known as meat haulers. Petitioner National Association of Food Chains ("NAFC") is a nonprofit organization of retail food chains; the other petitioner, the Eastern Meat Packers Association ("EMPA"), is a trade association of independent meat packers. The...
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