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REFRIGERATED TRANSPORT CO., INC. v. I. C. C.

No. 75-4259.

552 F.2d 1162 (1977)

REFRIGERATED TRANSPORT CO., INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

May 27, 1977.

Attorney(s) appearing for the Case

Alan E. Serby, Atlanta, Ga., for petitioner.

Alan J. Thiemann, Arthur J. Cerra, Gen. Counsel, Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Dept. of Justice, Catherine G. O'Sullivan, Atty., Washington, D. C., for respondents.

William H. Towle, Chicago, Ill., for Midwest Emery Freight System, et al.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.

CLARK, Circuit Judge:

As regards review jurisdiction by this court of appeals, the Interstate Commerce Commission is the new-kid-on-the-block.1 If this case is to be any gauge, a compatible relationship will be slow to develop. Practice before the ICC is strongly oriented to form — form which is described in idioms as foreign to us as the notion that substance is not paramount. Today's dispute concerns the effect of recent rules...

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