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AMERICAN BUS ASS'N v. UNITED STATES

Nos. 79-1207, 79-1214.

627 F.2d 525 (1980)

AMERICAN BUS ASSOCIATION, Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Maislin Transport Ltd., et al., Sanborn's Motor Express, Inc., Intervenors. REGULAR COMMON CARRIER CONFERENCE, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Chemical Leaman Tank Lines, Inc., Butler Trucking Company, Maislin Transport Ltd., et al., Sanborn's Motor Express, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1980.

Attorney(s) appearing for the Case

Patrick McEligot, Washington, D. C., with whom Charles A. Webb, Washington, D. C., was on the brief, for petitioners. Patrick McEligot, Washington, D. C., also entered an appearance for Intervenor, Maislin Transport, Ltd., et al.

Evelyn G. Kitay, Atty., I. C. C., Washington, D. C., with whom Mark L. Evans, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C., and Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

William H. Shawn, Washington, D. C., for intervenors, Butler Trucking Co., and Chemical Leaman Tank Lines, Inc., in No. 79-1214.

Before McGOWAN, ROBB and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

We here review a pronouncement by the Interstate Commerce Commission which was intended to lessen the constraints placed upon motor carriers seeking authority to transport goods and people to and from Canada. In promulgating this pronouncement, the Commission did not follow the notice-and-comment procedures which section 553 of the Administrative Procedure Act prescribes for rule...

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