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ALL ISLAND DELIVERY SERVICE v. UNITED STATES

No. 76-1426.

565 F.2d 290 (1977)

ALL ISLAND DELIVERY SERVICE, INC., Feuer Transportation, Inc., John A. Jungerman Son, Inc., Pinter Bros., Inc., Troiano Express Co., Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Drug and Toilet Preparation Traffic Conference, Eastern Industrial Traffic League, National Small Shipments Traffic Conference, Inc., National Industrial Traffic League, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D.C. (Rea, Cross & Knebel, Washington, D.C., on brief), for petitioners.

Henri Rush (Robert S. Burk, Acting Gen. Counsel, Hanford O'Hara, Associate Gen. Counsel, I. C. C., Donald I. Baker, Asst. Atty. Gen. and Lloyd John Osborn, Atty., Dept. of Justice, Washington, D.C., on brief), for respondents.

Frederic L. Wood, Washington, D.C. (John F. Donelan, John M. Cleary, Donelan & Cleary, Washington, D.C., on brief), for intervenor the National Industrial Traffic League.

Charles J. McCarthy, Washington, D.C. (Daniel J. Sweeney, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Washington, D.C., on brief), for intervenors Drug and Toilet Preparation Traffic Conference, Eastern Industrial Traffic League and National Small Shipments Traffic Conference.

Before BUTZNER, WIDENER and HALL, Circuit Judges.

PER CURIAM:

We granted the motor carriers' petition for rehearing to reconsider our decision upholding an order of the Interstate Commerce Commission in Ex Parte 297, Rate Bureau Investigation that withdrew anti-trust immunity from rate bureaus protesting independent action proposals of member carriers. Upon consideration of the briefs and oral argument, Judge Butzner and Judge Hall affirm the commission's order for the reasons stated by Mr. Justice Clark in...

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