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

No. 81-1602.

697 F.2d 1146 (1983)

AMERICAN TRUCKING ASSOCIATIONS, INC., and Common Carrier Conference-Irregular Route, Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1983.

Attorney(s) appearing for the Case

Robert A. Hirsch and Robert R. Harris, Washington, D.C., with whom Nelson J. Cooney, Leonard A. Jaskiewicz and Edward J. Kiley, Washington, D.C., were on the brief, for petitioners.

Robert J. Grady, Washington, D.C., for respondents.

John Broadley, Gen. Counsel, Robert S. Burk, Deputy Gen. Counsel, and Cecelia E. Higgins, Atty., I.C.C., Robert B. Nicholson and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Margaret G. Halpern, Atty., Dept. of Justice, and Kathleen M. Dollar, Atty., I.C.C., Washington, D.C., also entered appearances for respondents.

Before WILKEY, BORK and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This is a proceeding under 28 U.S.C. §§ 2321(a) and 2342(5) (1976) to enjoin or suspend an order of the Interstate Commerce Commission. Petitioners are associations of carriers who would be adversely affected by competition which the Order permits. At issue is the Commission's interpretation and enforcement of provisions of the...

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