AMERICAN TRANSFER & STORAGE CO. v. I.C.C.

No. 81-4072.

719 F.2d 1283 (1983)

AMERICAN TRANSFER & STORAGE CO., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

November 21, 1983.


Attorney(s) appearing for the Case

Phillip Robinson, Joseph H. Hart, Austin, Tex., for American Transfer et al.

Ewell H. Muse, Jr., Austin, Tex., for Herder.

John H. Broadley, Gen. Counsel, Daniel B. Harrell, Atty., Kenneth P. Kolson, I.C.C., John J. Powers, III, Dept. of Justice, Washington, D.C., for I.C.C.

Paul D. Angenend, Austin, Tex., Charles Ephraim, Washington, D.C., for H.S. Anderson Trucking Co. et al.

Mark J. Andrews, William H. Shawn, Washington, D.C., for Motor Carrier Lawyers Ass'n.

James M. Doherty, Austin, Tex., for J.H. Rose Truck Line, Inc. et al. and C & H Transp. Co., Inc.

Thomas E. James, Dallas, Tex., for C & H Transp. Co., Inc.

Hugh T. Matthews, Dallas, Tex., for Steere Tank Lines, Inc.

Before BROWN and RANDALL, Circuit Judges, and DUPLANTIER, District Judge.


JOHN R. BROWN, Circuit Judge:

Before us are numerous motor carrier petitioners and certain intervenors who protest the validity of the rules for motor carrier applications1 promulgated by the Interstate Commerce Commission (the Commission) in response to the Congressional enactment of The Motor Carrier Act of 1980 (MCA).2 The petitioners contend that the rules are...

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