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EASTERN CENT. MOTOR CARRIERS ASS'N v. I. C. C.

No. 77-1626.

571 F.2d 784 (1978)

EASTERN CENTRAL MOTOR CARRIERS ASSOCIATION, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 1978.

Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D. C. (John R. Bagileo, David H. Coburn, John S. Fessenden, Michael Gallagher, Robert G. Gawley, William E. Kenworthy, William W. Pugh, Washington, D. C., J. Alan Royal, Norman Powell, Joseph Wolonsky, Chicago, Ill., Rea, Cross & Auchincloss, Washington, D. C., on brief) for petitioners.

David Popowski, Atty., Interstate Commerce Commission, Washington, D. C. (John Shenefield, Asst. Atty. Gen., Robert B. Nicholson, Asst. Chief, App. Section, Antitrust Div., Robert Lewis Thompson, Atty., Dept. of Justice, Mark L. Evans, Gen. Counsel and Henri F. Rush, Associate Gen. Counsel, Washington, D. C., on brief) for respondent.

Steven J. Kalish, Washington, D. C. (Daniel J. Sweeney, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Chicago, Ill., on brief), for intervenor-respondents.

Robert E. Born, Born, May, Kohlman & Sawyer, Atlanta, Ga., on brief, for intervenor Southern Motor Carriers Rate Conference, Inc.

Before BRYAN, Senior Circuit Judge, WINTER and RUSSELL, Circuit Judges.

BRYAN, Senior Circuit Judge:

Associations and tariff bureaus of interstate motor common carriers of property, petitioning for review, question the authority of the Interstate Commerce Commission to order that interline carriers' tariffs shall not limit through routes and joint class rates to less than three carriers, rather than to two as the carriers had done of their own accord. 28 U.S.C. § 2321(a); §§ 2342(5)-2348; Ex Parte No. MC77 (Sub. No....

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