NATIONAL TANK TRUCK CARRIERS, INC., Petitioner,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Traffic Executive Association — Eastern Railroads, and Western Railroad Association et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 8, 1977.
Decided July 12, 1977.
Attorney(s) appearing for the Case
Marshall Kragen, Washington, D. C., with whom Harry C. Ames, Jr., Washington, D. C., was on the brief, for petitioner.
Kenneth P. Kolson, Atty., I. C. C., for respondents. Mark L. Evans, Gen. Counsel, Charles H. White, Associate Gen. Counsel, and Peter A. Fitzpatrick, Atty., I. C. C., and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents.
John J. Paylor, of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of court, with whom Robert G. Seaks, Washington, D. C., and Joseph D. Feeney, Chicago, Ill., were on the brief, for intervenors Traffic Executive Ass'n — Eastern Railroads and Western Railroad Ass'n et al.
Before WRIGHT and WILKEY, Circuit Judges, and JONES, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
J. SKELLY WRIGHT, Circuit Judge:
We consider in this case the validity under the Interstate Commerce Act1 of an order entered by the Interstate Commerce Commission in a rulemaking proceeding. Transportation of "Waste" Products for Reuse and Recycling (General Motor Carrier Licensing), 124 M.C.C. 583 (1976) (Transportation II). The essence of the order...
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