CENTRAL FORWARDING, INC. and Household Goods Carriers' Bureau, Inc., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
EASTERN LABOR ADVISORY ASSOCIATION and Southern Tank Line Carriers, Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
DRUG AND TOILET PREPARATION TRAFFIC CONFERENCE, INC. and the National Small Shipments Traffic Conference, Inc., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 28, 1983.
Opinion on Denial of Rehearing May 13, 1983.
Attorney(s) appearing for the Case
John R. Sims, Jr., Dennis Dean Kirk, Washington, D.C., for intervenor Specialized Carriers.
Thomas M. Auchincloss, Jr., Leo C. Franey, Washington, D.C., for petitioners in No. 81-4437 and intervenor Steel Carriers' Tariff Ass'n.
Leonard A. Jaskiewicz, Edward J. Kiley, Washington, D.C., for intervenor Carrier Conference-Irregular Route.
Robert E. Born, Atlanta, Ga., for intervenor National Ass'n of Specialized Carriers, Inc.
Kenneth P. Kolson, John J. Powers, III, Dept. of Justice, Kathleen V. Gunning, I.C.C., Washington, D.C., for respondents.
Keith G. O'Brien, Washington, D.C., for intervenor Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America.
Donelan, Cleary, Wood & Maser, P.C., Frederic L. Wood, Washington, D.C., for intervenor American Frozen Food Institute.
Robert J. Bray, Jr., James J. Wankmiller, John J. McAleese, Jr., Bala Cynwyd, Pa., for amici curiae Southern Tank Line Carriers and Eastern Labor Advisory Ass'n.
John F. Wickes, Jr., Indianapolis, Ind., for amicus curiae Ferree Furniture Exp., Inc.
David E. Driggers, Denver, Colo., for amicus curiae Transystems, Inc., et al.
James D. Porterfield, Pittsburgh, Pa., for amicus curiae Pittsburgh & New England Trucking Co.
Paul D. Angenend, Austin, Tex., for amicus curiae Acme Truck Line, Inc.
Jerry Prestridge, Austin, Tex., for amicus curiae Oil Field Haulers Ass'n, Inc.
Daniel J. Sweeney, Washington, D.C., for petitioners in No. 82-4019.
Before GARZA, REAVLEY and GARWOOD, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
Petitions for Review of Orders of the Interstate Commerce Commission.
REAVLEY, Circuit Judge:
These consolidated appeals challenge an Interstate Commerce Commission regulation requiring carriers to reimburse owner-operators for a portion of their fuel costs. Having concluded that the Commission exceeded its statutory authority, we set aside the regulation, suspending the effectiveness of our decision for 60 days following the date of issuance of the mandate...
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