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ALLIED VAN LINES, INC. v. I.C.C.

No. 82-2277.

708 F.2d 297 (1983)

ALLIED VAN LINES, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Thomas M. Auchincloss, Jr., Rea, Cross & Auchincloss, Washington, D.C., for petitioners.

H. Glenn Scammel, I.C.C. Gen. Counsel, I.C.C., Washington, D.C., for respondents.

Before WOOD, ESCHBACH and COFFEY, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

This appeal raises the apparently novel question of whether an agency's statement that it lacks statutory jurisdiction to enforce one of its regulations against another agency is a legislative "rule" whose issuance may only follow the formal notice and comment procedures of 5 U.S.C. §§ 553(b) and (c). We hold that it is not. Alternatively, we are asked to decide that the specific jurisdictional interpretation rendered...

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