MERCURY MOTOR EXPRESS, INC. and American Trucking Associations, Inc., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
EAST TEXAS MOTOR FREIGHT SYSTEM and the Regular Common Carrier Conference of the American Trucking Associations, Inc., Petitioners,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 18, 1981.
June 18, 1981.
Attorney(s) appearing for the Case
Alan J. Thiemann, Nelson J. Cooney, Kenneth E. Siegel, Robert A. Hirsch (on the brief), Washington, D.C., for petitioner American Trucking Associations, Inc.
J. Raymond Chesney, Dallas, Tex., for East Motor Freight System.
Edward K. Wheeler, Keith G. O'Brien, Washington, D.C., for intervenors International Broth. of Teamsters et al.
Wm. H. Shawn, Leonard A. Jaskiewicz (on the brief), Washington, D.C., Harold R. Ainsworth, New Orleans, La., for intervenor Common Carrier Conference.
Christine A. Meagher, Keller & Heckman, William H. Borghesani, Jr., Michael F. Morrone, Joseph E. Keller, Washington, D.C., for intervenor Private Carrier Conference, Inc.
Gary Dunbar, Alan J. Thiemann, Washington, D.C., Bamford, Rice, Carpenter & Carraway, Roland Rice and Wm. H. Shawn, Arlington, Va., for Regular Common Carrier Conference, etc.
Sanford M. Litvack, Asst. Atty. Gen., Richard A. Allen, Robert B. Nicholson, Asst. Chief, Nancy Garrison, Atty., Griffin B. Bell, Atty. Gen., U. S. Dept. of Justice, James P. Tuite, Lawrence H. Richmond, ICC, Washington, D.C., for respondents.
Before KRAVITCH and THOMAS A. CLARK, Circuit Judges, and LYNNE, District Judge.
United States Court of Appeals, Fifth Circuit.
LYNNE, District Judge:
The genesis of this litigation, including the two consolidated petitions under submission, was the publication by the Interstate Commerce Commission (Commission) of a notice in the Federal Register.1 In response to such notice some thirty-nine comments were received from carriers,2 shippers, labor, and government parties.3 After discussing and evaluating...
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