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

No. 81-4026.

666 F.2d 167 (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.

January 21, 1982.


Attorney(s) appearing for the Case

Robert J. Grady, ICC, Kenneth P. Kolson, Robert B. Nicholson, Appellate Section, Antitrust Div., Dept. of Justice, Richard A. Allen, ICC, 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, William H. Shawn, Sp. Counsel, 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, Leroy Hallman, Dallas, Tex., for Frozen and Southwestern.

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

Todd A. Peterman, Arlington, Va., for American Movers Conference.

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

Alan Serby, Atlanta, Ga., for Motor Carrier Lawyers Assoc.

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

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

Before RUBIN, RANDALL and TATE, Circuit Judges.


ON MOTION TO TAX COSTS

ALVIN B. RUBIN, Circuit Judge:

Our previously announced opinion in this case, 659 F.2d 452, stated: "Costs are to be equally divided." This pronouncement was Delphic rather than prescriptive, and some of the parties inquire properly into its meaning.

Fed.R.App.P. 39(a) provides in part, "if a judgment is affirmed or reversed in part, ... costs shall...

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