MOTOR CARRIERS TRAFFIC ASS'N, INC. v. UNITED STATES

Nos. 76-1329, 76-1425 and 76-1426.

559 F.2d 1251 (1977)

MOTOR CARRIERS TRAFFIC ASSOCIATION, INC., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, and Drug & Toilet Preparation Traffic Conference, Eastern Industrial Traffic League, National Small Shipments Traffic Conference, National Industrial Traffic League, Intervening Respondents. ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, and Drug & Toilet Preparation Traffic Conference, Eastern Industrial Traffic League, National Small Shipments Traffic Conference, National Industrial Traffic League, Intervening Respondents, and Bulk Carrier Conference, Inc., Intervening Respondent. ALL ISLAND DELIVERY SERVICE, INC., Feuer Transportation, Inc., John A. Jungerman Son, Inc., Pinter Bros., Inc., Troiano Express Co., Inc., Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, and Drug & Toilet Preparation Traffic Conference, Eastern Industrial Traffic League, National Small Shipments Traffic Conference, National Industrial Traffic League, Intervening Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 21, 1977.


Attorney(s) appearing for the Case

J. Raymond Clark, Washington, D. C. and A. W. Flynn, Jr., York, Boyd & Flynn, Greensboro, N. C., for petitioner in No. 76-1329.

Bryce Rea, Jr., Washington, D. C., Counsel for petitioners in No. 76-1426.

Donald I. Baker, Asst. Atty. Gen., Lloyd John Osborn, Dept. of Justice, Washington, D. C., for the United States of America, respondent.

Robert S. Burk, Acting Gen. Counsel, and Hanford O'Hara, Associate Gen. Counsel, Interstate Commerce Commission, Washington, D. C., for the Interstate Commerce Commission, respondents in Nos. 76-1329, 76-1425 and 76-1426.

John F. Donelan, John M. Cleary and Frederic L. Wood, Washington, D. C., for the National Industrial Traffic League, intervening respondent in Nos. 76-1329, 76-1425 and 76-1426.

Daniel J. Sweeney, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Washington, D. C., for intervenor, Drug and Toilet Preparation Traffic Conference, Eastern Industrial Traffic League and National Small Shipments Traffic Conference, in Nos. 76-1329, 76-1425 and 76-1426.

William E. Kenworthy, Denver, Colo., and Bryce Rea, Jr., Washington, D. C., for petitioner Rocky Mountain Motor Tariff Bureau, Inc. in No. 76-1425.

Leonard A. Jaskiewicz and Edward J. Kiley, Washington, D. C., for intervenor Bulk Carrier Conference, Inc. in No. 76-1425.

Before CLARK, Associate Justice, BUTZNER and WIDENER, Circuit Judges.


Mr. Justice CLARK:

These three consolidated appeals from the Interstate Commerce Commission seek to set aside, in part, Orders that were entered by the Commission in Ex Parte No. 297, Rate Bureau Investigation, which was a broad scale study of the regulated transportation industry's various collective rate-making organizations, known as "rate bureaus".

The history of collective rate-making efforts by surface...

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