NAT. MOTOR FREIGHT TRAFFIC ASS'N, INC. v. I. C. C.

No. 77-1484.

590 F.2d 1180 (1978)

NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, INC., et al., Petitioners, v. The INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Southern Motor Carriers Rate Conference Drug & Toilet Preparation Traffic Conference, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1978.


Attorney(s) appearing for the Case

Thomas M. Auchincloss, Jr., Washington, D. C., with whom Bryce Rea, Jr., Washington, D. C., and Jeffrey Kohlman, Atlanta, Ga., were on the brief, for petitioners.

John J. McCarthy, Jr., Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, I. C. C., Robert B. Nicholson and Frederic Freilicher, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Daniel J. Sweeney, Washington, D. C., with whom John M. Cutler, Jr., Washington, D. C., was on the brief, for intervenor, Drug & Toilet Preparation Traffic Conference.

Also R. Craig Lawrence, Atty., I. C. C., Washington, D. C., entered an appearance for appellee, Interstate Commerce Commission.

Before LUMBARD, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, and TAMM and LEVENTHAL, Circuit Judges.


Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

Petitioners, associations representing motor carriers of freight, seek review of the construction by the Interstate Commerce Commission (ICC) of an unusual liability limitation provision contained in the carriers' tariffs. Finding the ICC's decision neither arbitrary nor capricious, we affirm.

A. Background

Section 20(11) of the Interstate Commerce Act...

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