AMERICAN TRUCKING ASS'N, INC. v. UNITED STATES

No. 80-7674.

688 F.2d 1337 (1982)

AMERICAN TRUCKING ASSOCIATION, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 7, 1983.


Attorney(s) appearing for the Case

Rea, Cross & Auchincloss, David H. Coburn, Bryce Rea, Jr., Washington, D.C., for American Trucking Ass'n et al.

Lawrence H. Richmond, Gen. Counsel, ICC, Washington, D.C., for ICC.

Barry Grossman, Kenneth P. Kolson, U.S. Dept. of Justice, Washington, D.C., for the U.S.

Thomas M. Auchincloss, Jr., Washington, D.C., for intervenors Ohio Motor Freight Tariff Committee, Inc., Household Goods Carriers' Bureau, Inc., Steel Carriers' Tariff Ass'n, Inc., Heavy & Specialized Carriers Tariff Bureau, Alaska Carriers Ass'n, Inc.

Belnap, McCarthy, Spencer, Sweeney & Harkaway, Daniel J. Sweeney, Steven J. Kalish, Washington, D.C., for intervenors Nat. Small Shipments Traffic Conference, Inc. and Drug and Toilet Preparation Traffic Conference, Inc.

Leonard A. Jaskiewicz, Edward J. Kiley, Washington, D.C., for intervenors Bulk Carriers Conference, Inc.

Born, Kohlman & Duvall, P.C., Robert E. Born, Atlanta, Ga., for intervenor Nat. Ass'n of Sp. Carriers, Inc.

J. Raymond Clark, Washington, D.C., for intervenor Motor Carriers Traffic Ass'n, Inc.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and HOFFMAN, District Judge.


Rehearing and Rehearing En Banc Denied January 7, 1983.

GODBOLD, Chief Judge:

Petitioners1 brought this action to challenge the validity of rules promulgated by the Interstate Commerce Commission implementing and interpreting recent statutory amendments to the provisions of the Interstate Commerce Act governing the antitrust exemption of motor carrier rate bureaus. We uphold the rules in large part but find one portion of the rules...

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