N. Y. FOREIGN FREIGHT, ETC. v. I. C. C.

Nos. 75-1867, 77-1353.

589 F.2d 696 (1978)

NEW YORK FOREIGN FREIGHT FORWARDERS & BROKERS ASSOCIATION, et al., Federal Maritime Commission, Lyons Transport, Inc., Southern Pacific Marine Transport, Inc., and International Ass'n of NVOCC's, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National Motor Freight Traffic Ass'n, Inc., Federal Maritime Commission Marseilles-North Atlantic U.S.A. Freight Conference, et al., Pacific Westbound Conference, Lyons Transport, Inc., and Import Freight Carriers, Inc., American Trucking Association, Inc., National Motor Freight Association, Inc., Southern Pacific Marine Transport, Inc., International Association of NVOCCS, The Household Goods Forwarders Association of America, Inc., Continental North Atlantic Westbound Freight Conference, et al., Trans-Pacific Freight Conference of Japan/Korea and Japan Korea-Atlantic & Gulf Freight Conference, Intervenors. FREIGHT FORWARDERS INSTITUTE et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, IML Freight, Inc., Household Goods Forwarders Ass'n, Pacific Westbound Conference, American Trucking Association, Inc., Trans-Pacific Freight Conference of Japan/Korea, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 24, 1978.

As Amended January 19, 1979.


Attorney(s) appearing for the Case

Robert W. Ginnane, Washington, D. C., for petitioners Freight Forwarders Institute et al., in No. 77-1353.

Gerald H. Ullman, New York City, for petitioner, The New York Foreign Freight Forwarders & Brokers Ass'n, Inc., et al., in No. 75-1367.

Gordon M. Shaw, Atty., Federal Maritime Commission, Washington, D. C., with whom Edward G. Gruis, Deputy Gen. Counsel, Federal Maritime Commission, Washington, D. C., for petitioners Federal Maritime Commission in No. 75-1867.

Henri F. Rush, Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel and Charles H. White, Jr., Associate Gen. Counsel, I. C. C., Barry Grossman and Robert J. Wiggers, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents in Nos. 75-1867 and 77-1353.

John R. Attanasio, Washington, D. C., with whom Stanley O. Sher and Jacob P. Billig, Washington, D. C., were on the brief for Marseilles-North Atlantic U.S.A. Freight Conference et al., intervenor in No. 75-1867.

Nelson J. Conney, Washington, D. C., with whom Robert L. James, Bryce Rea, Jr., Patrick McElegot and Leo C. Franey, Washington, D. C., were on the brief for American Trucking Associations Inc., et al., intervenors in Nos. 75-1867 and 77-1353.

Ann M. Pougiales, San Francisco, Cal., was on the brief, for IML Freight, petitioner in No. 75-1867 and intervenor in No. 77-1353.

James H. Pipkin, Jr., Washington, D. C., was on the brief, for Southern Pacific Marine Transport, Inc., petitioner in No. 75-1867.

Raymond P. deMember, Washington, D. C., was on the brief, for International Ass'n of NVOCCS, petitioner in No. 75-1867.

Harold E. Spencer and Thomas F. McFarland, Jr., Chicago, Ill., were on the brief, for Lyons Transport, Inc., etc., petitioners in No. 75-1867.

Alan F. Wohlstetter, Washington, D. C., was on the brief, for Household Goods Forwarders Ass'n of America, Inc., intervenor in Nos. 75-1867 and 77-1353.

Edward D. Ransom, R. Frederic Fisher and Barbara H. Buggert, San Francisco, Cal., were on the brief, for Pacific Westbound Conference, intervenor in Nos. 75-1867 and 77-1353.

Charles F. Warren & Warren Associates, P. C., Georgia A. Quadrino, Washington, D. C., and John E. Ormand, Jr., were on the brief, for Trans-Pacific Freight Conference of Japan/Korea, et al., intervenors in Nos. 75-1867 and 77-1353.

Howard A. Levy, Cleveland, Ohio, and Patricia E. Byrne were on the brief, for Continental North Atlantic Westbound Freight Conference, et al., intervenor in No. 75-1867.

James L. Pimper, Atty., Federal Maritime Commission, Washington, D. C., entered an appearance for petitioner, Federal Maritime Commission in No. 75-1867.

Fritz R. Kahn and Hanford O'Hara, Associate Gen. Counsel, I. C. C., Washington, D. C., entered appearances for respondent, I. C. C. in No. 75-1867.

John H. D. Wigger and Robert B. Nicholson, Atty., Department of Justice, Washington, D. C., entered appearances for U. S. A., respondent, in Nos. 75-1867 and 77-1353.

Before LEVENTHAL and MacKINNON, Circuit Judges, and JAMESON, District Judge for the District of Montana.


Opinion of the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case is an offshoot of the decision of the Interstate Commerce Commission (ICC) in its extensive International Joint Rates and Through Routes proceeding.1 In response to the growth of "intermodal" methods for the transport of goods in international trade, the ICC held that it possessed statutory...

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