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GLOBAL VAN LINES, INC. v. I. C. C.

Nos. 79-1185, 79-1264.

627 F.2d 546 (1980)

GLOBAL VAN LINES, INC., Wheaton Van Lines, Inc., and American Red Ball Transit Company, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents. REFRIGERATED TRANSPORT CO., INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and UNITED STATES of America, Respondents, American Trucking Associations, Inc., et al., National Tank Truck Carriers, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1980.

Attorney(s) appearing for the Case

Stanley I. Goldman, Washington, D. C., with whom Alan F. Wohlstetter, Washington, D. C., was on brief, for petitioners in No. 79-1185.

Richard M. Tettelbaum, Atlanta, Ga., with whom Alan E. Serby and Bruce E. Mitchell, Atlanta, Ga., on brief, for petitioners in No. 79-1264.

James P. Tuite, Deputy Associate Gen. Counsel, I. C. C., Washington, D. C., with whom Robert S. Burk, Acting Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I. C. C., John J. Powers, III, Asst. Chief, Antitrust Division and Robert Lewis Thompson, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Harry C. Ames, Jr., and Elizabeth A. Purcell, Washington, D. C., were on brief for intervenor, Nat. Tank Truck Carriers, Inc. in No. 79-1264.

Nelson J. Cooney, Kenneth E. Siegel, Alan J. Thiemann, and Robert A. Hirsch, Washington, D. C., were on brief, for intervenor, American Trucking Associations, Inc., et al., in No. 79-1264.

Before TAMM, ROBB and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Petitioners challenge newly promulgated Interstate Commerce Commission regulations governing leasing practices in the trucking industry. We find that the regulations are valid and affirm the Commission's order promulgating them.

I. REGULATORY HISTORY

In 1973 the nation's independent (owner-operated) truckers experienced their winter of discontent. In a concerted protest...

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