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AMERICAN TRUCKING ASSOCIATION, INC. v. UNITED STATES

No. 80-7674.

744 F.2d 754 (1984)

AMERICAN TRUCKING ASSOCIATION, INC., et al., Petitioners, v. UNITED STATES of America, and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

October 18, 1984.

Attorney(s) appearing for the Case

Rea, Cross & Auchincloss, David H. Coburn, Bryce Rea, Jr., Washington, D.C., for American Trucking Ass'n, Inc., et al.

Thomas M. Auchincloss, Jr., Leo C. Franey, Washington, D.C., for Ohio Motor Freight Tariff Committee, Inc., Household Goods Carriers' Bureau, Inc., Steel Carriers' Tariff Ass'n, Inc., Heavy & Specialized Carriers Tariff Bureau, Alaska Carriers Ass'n, Inc.

Lawrence H. Richmond, Gen. Counsel, ICC, Washington, D.C., for I.C.C.

Benjamin R. Civiletti, Atty. Gen., Barry Grossman, Kenneth P. Kolson, U.S. Dept. of Justice, Washington, D.C., for U.S.

Belnap, McCarthy, Spencer, Sweeney & Harkaway, Daniel J. Sweeney, Steven J. Kalish, Washington, D.C., for Nat. Small Shipments Traffic Conference, Inc. and Drug and Toilet Preparation Preparation Traffic Conference, Inc.

Leonard A. Jaskiewicz, Edward J. Kiley, Washington, D.C., for Bulk Carriers Conference, Inc.

Born, Kohlman & Duvall, P.C., Robert E. Born, Atlanta, Ga., for Nat. Assoc. of Spec. Carriers, Inc.

J. Raymond Clark, Washington, D.C., for Motor Carriers Traffic Ass'n, Inc.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and HOFFMAN, District Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

The Supreme Court of the United States granted certiorari in this case on the sole issue of whether the Interstate Commerce Commission has authority to reject effective tariffs that have been submitted in substantial violation of rate bureau agreements. On that sole issue before it the Supreme Court, ___ U.S. ___, 104 S.Ct. 2458, 81 L.Ed.2d 282 (1984), reversed the judgment of this court,...

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