NATIONAL SMALL SHIPMENTS, ETC. v. I. C. C.

No. 78-1099.

590 F.2d 345 (1978)

NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1978.

As Amended December 29, 1978.


Attorney(s) appearing for the Case

Daniel J. Sweeney, Steven J. Kalish, Washington, D. C., for petitioners.

Frederick W. Read, III, Associate Gen. Counsel, Washington, D. C., with whom Mark L. Evans, Gen. Counsel and Gerald B. Fleming, Atty., I. C. C., Washington, D. C., were on brief, for respondent, I. C. C.

Kenneth G. Caplan, Atty., I. C. C., Washington, D. C., entered an appearance, for respondent, I. C. C.

Robert Lewis Thompson and John J. Powers, III, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent, United States of America.

Before BAZELON, McGOWAN and WILKEY, Circuit Judges.


Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

Petitioners seek review of an order of the Interstate Commerce Commission1 (Commission) which allegedly contradicts the mandate of this court issued upon earlier review of the case.2 Because we agree with petitioners' principal allegations, we have set aside the order in question and have remanded for proceedings consistent...

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