AM. TRUCKING ASS'NS, INC. v. U.S.

Nos. 78-1407, 78-1717.

602 F.2d 444 (1979)

AMERICAN TRUCKING ASSOCIATIONS, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Crete Carrier Corporation, Contract Carrier Conference, Cargo Contract Carrier Corporation, Leaseway Transportation Corporation, Whirlpool Corporation, Chromalloy American Corporation, et al., Intervenors. The ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Chromalloy American Corporation et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Kenneth E. Siegel, Washington, D.C., with whom Nelson J. Cooney, Washington, D.C., was on the brief, for petitioner in No. 78-1407.

James E. Sykes, Chicago, Ill., a member of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Robert G. Seaks, Washington, D.C., was on the brief, for petitioner in No. 78-1717.

James P. Tuite, 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, Asst. Chief, and Peter L. de la Cruz, Atty., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Daniel Joseph, Washington, D.C., with whom Randall Sarosdy and Edward F. Schiff, Washington, D.C., were on the brief, for intervenors Leaseway Transp. Corp. and Whirlpool Corp. in No. 78-1407.

E. Stephen Heisley and Lester R. Gutman, Washington, D.C., were on the brief for intervenor Chromalloy American Corp., et al. in Nos. 78-1407 and 78-1717.

Thomas A. Callaghan, Jr. and Rick A. Rude, Washington, D.C., were on the brief for intervenor Contract Carrier Conference, Inc. in No. 78-1407.

Robert J. Gallagher, Washington, D.C., was on the brief for intervenor Cargo Contract Carrier Corp. in No. 78-1407.

Rick A. Rude, Washington, D.C., also entered an appearance for intervenor Crete Carrier Corp. in No. 78-1407.

Before TAMM and WILKEY, Circuit Judges, and CORCORAN, Senior District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by CORCORAN, Senior District Judge.

CORCORAN, Senior District Judge:

The petitioners1 in these consolidated cases seek to set aside a final rule promulgated by the Interstate Commerce Commission (ICC or the Commission) on April 6, 1978, in a case styled Dual Operations, Ex Parte No. 55 (Sub. No. 27).

The petitioners contend (1) that the Commission lacked statutory power to adopt the rule...

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