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GLOBAL VAN LINES v. I.C.C.

No. 82-4284.

714 F.2d 1290 (1983)

GLOBAL VAN LINES, INC., Wheaton Van Lines, Inc., and Freight Forwarders Institute, Petitioners, v. INTERSTATE COMMERCE COMMISSION and The United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

September 19, 1983.

Attorney(s) appearing for the Case

Alan F. Wohlstetter, Washington, D.C., for Global Intern. U.S.A., Inc., Furniture Forwarding, Inc. & American Movers Conference.

John J. Powers, III, Kenneth P. Kolson, Dept. of Justice, Laurence H. Schecker, L. Carol Brooks, Washington, D.C., for respondents.

Before BROWN, REAVLEY and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

We have twice recently had occasion to examine the Interstate Commerce Commission's newly promulgated restriction removal rules.1 Today we examine those rules for the third time, and decide that the Commission may not extend them to cover freight forwarders solely on the authority of its general rulemaking powers. 49 U.S.C.A. § 10321(a) (West Supp.1983). Because we refuse to consider whether the Commission...

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