No. 77-1763.

587 F.2d 1285 (1978)

FOOD MARKETING INSTITUTE and Eastern Meat Packers Association, and Colorado Meat Dealers Association, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Curtis, Inc., Southern Motor Carriers Rate Conference, Inc., Coldway Food Express, Inc., Colonial Refrigerated Transportation, Inc., Rowley Interstate Transportation Co., Inc., Subler Transfer, Inc., Watkins Motor Lines, Inc., Clay Hyder Trucking, Inc., Central & Southern Truck Lines, Inc., Altruk Freight System, Inc., Bonney Motor Express, Inc., Refrigerated Transport Co., Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1978.

Attorney(s) appearing for the Case

Ronald K. Kolins, Washington, D. C., with whom Edwin H. Pewett and Allan I. Mendelsohn, Washington, D. C., were on the brief, for petitioners.

Kenneth P. Kolson, Atty., I.C.C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, I.C.C., John J. Powers, III, and Robert Wiggers, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Paul M. Daniell, Atlanta, Ga., a member of the bar of the Supreme Court of Georgia, by special leave of the Court pro hoc vice, with whom E. Stephen Heisley, Elizabeth A. Purcell, Marshall Kragen and Lester R. Gutman, Washington, D. C., were on the brief, for intervenors, Coldway Food Express, Inc., et al.

Bruce E. Mitchell and Richard M. Tettelbaum, Atlanta, Ga., were on the brief, for intervenor, Refrigerated Transport Co., Inc.

Jeffrey Kohlman, Atlanta, Ga., was on the brief, for intervenor, Southern Motor Carriers Rate Conference, Inc.

Richard A. Peterson, Lincoln, Neb., entered an appearance for intervenor, Curtis, Inc.

Robert L. Thompson, Atty., U. S. Dept. of Justice, Washington, D. C., entered an appearance for respondent, United States of America.

Before McGOWAN and TAMM, Circuit Judges, and GREEN, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

Petitioners in this direct review proceeding challenge a report and order of the Interstate Commerce Commission entered on remand from a previous decision of this court, National Association of Food Chains, Inc. v. ICC, 175 U.S.App.D.C. 346, 535 F.2d 1308 (1976). The ultimate issue for decision here is whether motor common carriers of loose...

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