ROCKY MOUNTAIN MOTOR TARIFF BUR., INC. v. I. C. C.

No. 77-1490.

590 F.2d 865 (1979)

ROCKY MOUNTAIN MOTOR TARIFF BUREAU, INC., Eastern Central Motor Carriers Association, Inc., Middle Atlantic Conference, New England Motor Rate Bureau, Inc. and Pacific Inland Tariff Bureau, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the UNITED STATES of America, Respondents, Motor Carriers Traffic Association, Inc., National Motor Freight Traffic Association, Inc., Central States Motor Freight Bureau, Inc., Central & Southern Motor Freight Tariff Association, Inc., Colonial Refrigerated Transportation, Inc. and Southern Motor Carriers Rate Conference, Inc., Petitioners-Intervenors, and National Small Shipments Traffic Conference, Drug and Toilet Preparation Traffic Conference, National Industrial Traffic League, American Camping Association, Mail Order Association, Alan J. Stoltz, Director, Camp Cody for Boys, Inc., and National Legislative Chairman, American Camping Association and Commonwealth of Pennsylvania, Respondents-Intervenors.

United States Court of Appeals, Tenth Circuit.

Decided January 18, 1979.


Attorney(s) appearing for the Case

William E. Kenworthy, Denver, Colo. (Bryce Rea, Jr., John R. Bagileo and David H. Coburn of Rea, Cross & Auchincloss, Washington, D.C., with him, on brief), for petitioners and the following intervenors: Central States Motor Freight Bureau, Inc., Central and Southern Motor Freight Tariff Association, Inc., National Motor Freight Traffic Association, Inc., and Southern Motor Carriers Rate Conference, Inc.

Kenneth G. Caplan, Washington, D.C. (Mark L. Evans, Gen. Counsel, and Frederick W. Read, III, Associate Gen. Counsel, Washington, D.C., with him, on brief), for respondent Interstate Commerce Commission.

Robert Lewis Thompson, Washington, D.C. (John H. Shenefield, Asst. Atty. Gen., and Robert B. Nicholson, Asst. Chief, App. Section, Antitrust Div., Washington, D.C., with him, on brief), for respondent United States of America.

Daniel J. Sweeney, Washington, D.C. (John M. Cutler, Jr., Washington, D.C., with him, on brief), for intervenors National Small Shipments Traffic Conference and Drug and Toilet Preparation Traffic Conference.

J. Raymond Clark, Washington, D.C., on briefs, for intervenor Motor Carriers Traffic Association, Inc.

E. Stephen Heisley of Ames, Hill & Ames, P. C., Washington, D.C., on brief, for intervenor Colonial Refrigerated Transportation, Inc.

John F. Donelan, John K. Maser, III and Renee D. Rysdahl of Donelan, Cleary, Wood & Maser, Washington, D.C., on brief, for intervenor National Industrial Traffic League.

Theodore Polydoroff and Clifford A. Wilpon of Ephraim & Polydoroff, Washington, D.C., and William J. Lippman, Denver, Colo., on brief, for intervenor American Camping Association.

David C. Todd and Linda Elizabeth Buck of Patton, Boggs & Blow, Washington, D.C., on brief, for intervenor Mail Order Association of America.

Before SETH, Chief Judge, LOGAN, Circuit Judge, and COOK, District Judge.


SETH, Chief Judge.

This matter is before us on a petition to review and set aside orders of the Interstate Commerce Commission (ICC). The orders were entered in Ex Parte No. MC-97, Investigation into Practices of Motor Common Carriers of Property on Residential and Redelivered Shipments. The orders, now codified at 49 C.F.R. § 1307.35(e), state in part that tariffs of motor common carriers shall not provide for the imposition of charges, by whatever means...

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