AMERICAN TRUCKING ASSOCIATIONS, INC. v. I. C. C.

No. 81-4026.

673 F.2d 82 (1982)

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.

March 30, 1982.


Attorney(s) appearing for the Case

Robert J. Grady, Kenneth P. Kolson, Appellate Section, 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, Morrisson & Starling, Donald B. Morrison, Jackson, Miss., for Merchants.

Alan J. Thiemann, Washington, D. C., for American, Red Arrow, Merchants Truck and Steere.

Robinson, Felts, Starnes & Latting, P. C., Phillip Robinson, Austin, Tex., for Central, Great Western, Miller, and Saia.

Phinney, Hallman, Pulley & Coke, Dallas, Tex., for Frozen and Southwestern.

Leroy Hallman, Dallas, Tex., for Steere.

Alan F. Wohlstetter, Stanley I. Goldman, Washington, D. C., for Aero Mayflower, et al.

Thomas E. James, Dallas, Tex., for Rose Truck Line, et al.

James M. Doherty, Austin, Tex., for Moss Trucking Co.

Bruce E. Mitchell, Alan Serby, Atlanta, Ga., for Motor Carrier Lawyers Assoc.

Eugene C. Ewald, Bloomfield Hills, Mich., for Nat. Auto. Transporters.

Dennis Dean Kirk, Washington, D. C., for Specialized Carriers.

Keith G. O'Brien, Edward K. Wheeler, Washington, D. C., for Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Before RUBIN, RANDALL and TATE, Circuit Judges.


PER CURIAM:

Carriers and carrier associations aggrieved by the alleged failure of the Interstate Commerce Commission (ICC) to follow a mandate issued by this court and to apply our interpretation of the Motor Carrier Act of 1980 in a large number of previously pending cases, now finally decided by the ICC, seek to have those proceedings reopened and to have us determine whether the ICC has disregarded or failed properly to apply our mandate. We conclude that there...

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