AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and The United States of America, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 25, 1982.
February 25, 1982.
Attorney(s) appearing for the Case
William French Smith, Atty. Gen., U. S. Dept. of Justice, Robert J. Grady, I.C.C., Gen. Counsel, Kenneth P. Kolson, App. Sec., Robert B. Nicholson, Antitrust Div., Dept. of Justice, Washington, D. C., for respondents.
Serby & Mitchell, P. C., Alan E. Serby, Atlanta, Ga., for Brannan, Owen, Refrigerated.
Brooks & Matthews, Hugh T. Matthews, Dallas, Tex., for Steere.
Perry, Crockett, Morrison & Starling, Donald B. Morrison, Jackson, Miss., for Merchants.
Alan J. Thiemann, Gen. Counsel, William H. Shawn, Sp. Counsel, Washington, D. C., for American and Red Arrow and Merchants Truck & Steere.
Robinson, Felts, Starnes & Latting, P. C., Phillip Robinson, Austin, Tex., for Central, Great Western, Miller and Saia.
Alan F. Wohlstetter, Stanley I. Goldman, Washington, D. C., for Aero Mayflower, et al.
Thomas E. James, Dallas, Tex., James M. Doherty, Austin, Tex., for Rose Truck Line, et al.
Bruce E. Mitchell, Alan Serby, Atlanta, Ga., for Motor Carrier Lawyers Assoc.
Eugene C. Ewald, Bloomfield Hills, Mich., for Nat. Auto. Transporters.
Keith G. O'Brien, Edward K. Wheeler, Washington, D. C., for Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
Dennis Dean Kirk, Washington, D. C., for Specialized Carriers.
Before RUBIN, RANDALL and TATE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
In a prior opinion,1 we dealt with trade association challenges to rules and a policy statement adopted by the Interstate Commerce Commission in response to the enactment of the Motor Carrier Act of 1980, Pub.L.No.96-296, 94 Stat. 793 (1980). We held that the rules, guidelines, and policy statements dealing with new applications for operating authority and applications for removal of restrictions from existing operating authorities...
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