AMERICAN TRUCKING ASS'NS, INC. v. U. S.

No. 78-2260.

627 F.2d 1313 (1980)

AMERICAN TRUCKING ASSOCIATIONS, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. Common Carrier Conference-Irregular Route, National Industrial Traffic League et al., Steere Tank Lines, Inc. et al., Chemical Leaman Tank Lines, Inc., Motor Carrier Lawyers Association, Colonial Fast Freight Lines, Inc. et al., J. H. Rose Truck Line, Inc. et al., International Brotherhood of Teamsters et al., and Michigan and Nebraska Transit Co., Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1980.


Attorney(s) appearing for the Case

Alan J. Thiemann, Washington, D.C., with whom Nelson J. Cooney and Kenneth E. Siegel, Washington, D.C., were on the brief, for petitioner American Trucking Associations, Inc.

Ronald J. Mastej and Rex Eames, Detroit, Mich., were on the brief for petitioners Motor Carriers Central Freight Association et al.

Alan E. Serby, Clyde W. Carver, and John J. Capo, Atlanta, Ga., were on the brief for petitioners Refrigerated Transport Co., Inc. et al.

H. E. Miller, Jr., Chesterton, Ind., was on the brief for petitioner Sawyer Transport, Inc.

John P. Fonte, Atty., I.C.C., Washington, D.C., for respondents. Mark L. Evans, Gen. Counsel, Frederick W. Read, III, Associate Gen. Counsel, and Kenneth P. Kolson, Atty., I.C.C., and John J. Powers, III and William D. Coston, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents. Robert B. Nicholson, Barry Grossman, and Bruce E. Fein, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent United States.

Richard H. Streeter, Washington, D.C., for intervenors International Brotherhood of Teamsters et al. Edward K. Wheeler and Chandler L. van Orman, Washington, D.C., also entered appearances for intervenors International Brotherhood of Teamsters et al.

Renee D. Rysdahl, Washington, D.C., with whom John F. Donelan, Washington, D.C., was on the brief, for intervenor National Industrial Traffic League.

Harry J. Jordan, Washington, D.C., was on the brief for intervenor Common Carrier Conference-Irregular Route.

Leonard A. Jaskiewicz and Edward J. Kiley, Washington, D.C., were on the brief for intervenor Chemical Leaman Tank Lines, Inc.

Hugh T. Matthews, Dallas, Tex., was on the brief for intervenors Steere Tank Lines, Inc. et al.

Peter A. Greene, New York City, was on the brief for intervenor Motor Carrier Lawyers Association.

E. Stephen Heisley and Elizabeth A. Purcell, Washington, D.C., were on the brief for intervenors Colonial Fast Freight Lines, Inc. et al.

Mert Starnes, Austin, Tex., was on the brief for intervenors American Transfer and Storage Co. et al. (No. 79-1105).

James M. Doherty was on the brief for intervenors J. H. Rose Truck Line, Inc. et al.

Steven H. Loeb entered an appearance for intervenor Michigan and Nebraska Transit Co., Inc.

Before WRIGHT, Chief Judge, and McGOWAN and MIKVA, Circuit Judges.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

These consolidated petitions for review1 challenge regulations recently promulgated by the Interstate Commerce Commission (ICC or Commission) governing intervention in motor carrier licensing proceedings by persons opposing issuance of the license.2 Petitioner American Trucking Associations, Inc., the national...

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