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NATIONAL BUS TRAFFIC ASS'N, INC. v. I. C. C.

No. 78-1163.

613 F.2d 881 (1979)

NATIONAL BUS TRAFFIC ASSOCIATION, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

Charles A. Webb, Washington, D. C., for petitioner. Drew L. Carraway, John S. Fessenden, and J. Curtis Bradley, III, Washington, D. C., were on brief, for petitioner.

Kenneth P. Kolson, Atty., I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, I. C. C., Robert B. Nicholson and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Before McGOWAN, TAMM and WILKEY, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

Dissenting opinion filed by WILKEY, Circuit Judge.

TAMM, Circuit Judge:

This case involves tariff rules proposed by the National Bus Traffic Association, Inc. (NBTA)1 that would prohibit acceptance in bus express service of (1) shipments exceeding $500 in actual value and (2) jewelry, watches, and magazines, regardless of value. The Interstate Commerce Commission (Commission...

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