AMERICAN TRUCKING ASS'NS, INC. v. I.C.C.

Nos. 84-1008, 84-1032.

747 F.2d 787 (1984)

AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National-American Wholesale Grocers' Association, RBC-Transport, Inc., Anheuser-Busch Companies, Carnaco Transport, Inc., National Industrial Transportation League, Intervenors. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1984.


Attorney(s) appearing for the Case

Joseph E. Kolick, Jr., Washington, D.C., for petitioner Intern. Brotherhood of Teamsters in No. 84-1032. Robert J. Higgins, Joan M. Darby and Robert M. Baptiste, Washington, D.C., were on the brief, for petitioner. Angelo V. Arcadipane, Washington, D.C., entered an appearance for petitioner in No. 84-1032.

Kevin M. Williams, Washington, D.C., with whom Nelson J. Cooney and Kenneth E. Siegel, Washington, D.C., were on the brief, for petitioners American Trucking Ass'ns, Inc., et al. in No. 84-1008.

H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom J. Paul McGrath, Associate Atty. Gen., John Broadley, Gen. Counsel, Henri F. Rush, Associate Gen. Counsel, I.C.C., and Robert B. Nicholson and Edward T. Hand, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents in Nos. 84-1008 and 84-1032.

John F. Donelan, Frederic L. Wood and Richard D. Fortin, Washington, D.C., were on the brief, for intervenor Nat. Indust. Transp. League in No. 84-1008.

William H. Borghesani, Jr., Michael F. Morrone and Timothy Brown, Washington, D.C., were on the joint brief, for intervenors Anheuser-Busch Cos., Inc., et al. in No. 84-1008.

Before WILKEY, WALD, and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Petitioners in these consolidated cases challenge the validity of an Interstate Commerce Commission ("ICC") policy statement regarding applications for permits to operate as motor contract carriers. They claim the policy statement liberalizes the process in a fashion that is inconsistent with the statutory definition of contract carriage and with the statutory provisions governing...

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