NATIONAL TOUR BROKERS ASSOCIATION, Petitioner,
v.
UNITED STATES of America and the Interstate Commerce Commission, Respondents,
American Society of Travel Agents, Inc., High Adventure Tours, Inc., Campus Travel, Inc., et al., American Bus Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 27, 1978.
Decided December 11, 1978.
Attorney(s) appearing for the Case
David I. Granger, Washington, D.C., with whom Harold D. Murry, Jr., Washington, D.C., was on the brief, for petitioner.
Alan J. Thiemann, Atty., I.C.C., Washington, D.C., with whom Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I.C.C. and Robert L. Thompson, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents.
Drew L. Carraway, John W. McFadden, Jr., Washington, D.C., John S. Fessenden, Arlington, Va., and Charles A. Webb, Washington, D.C., were on the brief, for intervenor, American Bus Association.
Robert E. Goldstein, New York City, was on the brief, for intervenor, Campus Travel, Inc., et al.
Also James H. Glavin, III, Waterford, N.Y., entered an appearance for intervenor, High Adventure Tours, Inc.
Also Paul S. Quinn, Washington, D.C., entered an appearance for intervenor, American Society of Travel Agents, Inc.
Also Robert B. Nicholson and Robert S. Burk, Attys., Dept. of Justice, Washington, D.C., entered appearances for respondent, United States of America.
Before LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by WILKEY, Circuit Judge.
WILKEY, Circuit Judge:
Petitioner seeks review of an order of the Interstate Commerce Commission (Commission or ICC) which prescribes new rules, and adopts new procedures, for the licensing of tour brokers.1 Since we find that the Commission failed to comply with the procedural requirements of the Administrative Procedure Act, we vacate the order and rules prescribed thereunder...
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