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FREDRICKSON MOTOR EXP. CORP. v. I. C. C.

No. 76-2007.

546 F.2d 104 (1977)

FREDRICKSON MOTOR EXPRESS CORPORATION, Burris Express, Inc., Standard Trucking Company and Southern Motor Carriers Rate Conference, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

January 28, 1977.

Attorney(s) appearing for the Case

Robert E. Born, J. Michael May, Atlanta, Ga., for petitioners.

Theodore C. Knappen, Act. Gen. Counsel, Christine N. Kohl, Atty., ICC, Lloyd John Osborn, Antitrust Div., Dept. of Justice, Joe Sims, Act. Asst. Atty. Gen., Dept. of Justice, Charles H. White, Jr., Assoc. Gen. Counsel, ICC, Washington, D. C., for respondents.

Before COLEMAN, AINSWORTH and INGRAHAM, Circuit Judges.

AINSWORTH, Circuit Judge:

This is a petition by Fredrickson Motor Express and others to review an adverse order of the Interstate Commerce Commission pertaining to the assessing of interstate charges on freight moving by motor common carrier. The Commission held that "the applicable and reasonable method of assessing interstate charges on shipments commingling interstate and intrastate traffic is to apply the rate for the...

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