ASSOCIATION OF AMERICAN R. R. v. UNITED STATES

Nos. 75-2011, 75-2033, 75-2061, 75-2065, 75-2108, 75-2168, 75-2169, 76-1087 and 76-1215.

603 F.2d 953 (1979)

ASSOCIATION OF AMERICAN RAILROADS, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents. McLEAN TRUCKING COMPANY, Ryder System, Inc., and Smith's Transfer Corporation, Petitioners, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents. The GREYHOUND CORPORATION and Greyhound Lines, Inc., Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents. NATIONAL ASSOCIATION OF MOTOR BUS OWNERS, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents. ARKANSAS-BEST FREIGHT SYSTEM, INC. and Arkansas Best Corporation, Petitioners, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents, Merchants, Inc., et al., Intervenor. TCO INDUSTRIES, INC., and Continental Trailways, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. AMERICAN TRUCKING ASSOCIATIONS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents. OVERNITE TRANSPORTATION COMPANY, Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents. COOPER-JARRETT, INC., Petitioner, v. The UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1979.

As Amended September 17, 1979.


Attorney(s) appearing for the Case

Richard J. Flynn, Washington, D. C., for petitioner Ass'n of American Railroads in No. 75-2011.

E. Barrett Prettyman, Washington, D. C., with whom Jack McKay, Washington, D. C., and W. L. McCracken, Phoenix, Ariz., were on the brief, for petitioners The Greyhound Corp. and Greyhound Lines, Inc. in No. 75-2061. Also present argument for all other carriers.

David G. MacDonald and John Guandolo, Washington, D. C., were on the brief, for petitioner McLean Trucking Co., et al., in No. 75-2033.

Drew Carraway, John S. Fessenden and Richard A. Ward, Arlington, Va., were on the brief for petitioner National Ass'n of Motor Bus Owners in No. 75-2065.

Everett Hutchinson, Washington, D. C., and Don A. Smith, Fort Smith, Ark., were on the brief for petitioner Arkansas-Best Freight System Inc., et al., in No. 75-2108 and intervenor in No. 75-2108.

Mark Andrews, Eugene T. Liipfert and James C. Schultz, Washington, D. C., were on the brief, for petitioner TCO Industries, Inc., et al., in No. 75-2168.

Nelson J. Cooney and Robert L. James, Washington, D. C., were on the brief, for petitioner American Trucking Associations, Inc. in No. 75-2169.

William M. Blackwell and William M. Amrhein, Richmond, Va., were on the brief, for petitioner Overnite Transp. Co. in No. 76-1087.

William Biederman, Chicago, Ill., was on the brief for petitioner Cooper-Jarrett, Inc. in No. 76-1215.

Henry F. Rush, Atty., I. C. C., Washington, D. C., for respondents. Mark L. Evans, Gen. Counsel, Kenneth G. Caplan, Deputy Associate Gen. Counsel, I. C. C., Barry Grossman and Robert Lewis Thompson, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Charles H. White, Jr., Atty., I. C. C., Washington, D. C., entered an appearance for respondent I. C. C.

John H. D. Wigger and Robert B. Nicholson, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent U. S.

Before MacKINNON and WILKEY, Circuit Judges, and RICHEY, District Judge.


Opinion for the Court filed by District Judge CHARLES R. RICHEY.

CHARLES R. RICHEY, District Judge:

In this case, the Association of American Railroads and numerous non-rail petitioners and intervenors seek review of two orders of the Interstate Commerce Commission ("ICC" or "the Commission") in ICC Docket No. Ex Parte 275, Expanded Definition of Term "Securities".1 The original...

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