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WALES TRANSP., INC. v. I.C.C.

No. 83-4026.

728 F.2d 774 (1984)

WALES TRANSPORTATION, INC. and Steel Carriers' Tariff Association, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

April 2, 1984.

Attorney(s) appearing for the Case

Rea, Cross & Auchincloss, Thomas M. Auchincloss, Brian L. Troiano, Jr., Washington, D.C., for petitioners.

James D. Porterfield, Pittsburgh, Pa., for intervenor Pittsburgh & New England Trucking Co.

Robert A. Hirsch, Washington, D.C., for intervenor Am Trucking Assoc.

H. Glenn Scammel, John McCarthy, I.C.C., Washington, D.C.

Robert B. Nicholson, Margaret G. Halpern, Attys., Dept. of Justice, Antitrust Div., Washington, D.C., for respondents.

Before WISDOM, REAVLEY and JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

Our question is whether the Interstate Commerce Commission has exceeded its delegated statutory authority by promulgating rules dealing with leasing practices of regulated motor carriers and owner-operators. This petition comes to us under 28 U.S.C. §§ 2321 and 2342(5) (1976 & Supp. V 1981) (review of ICC regulations). We have recently overturned rules in two cases where we found that...

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