NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC. and Drug and Toilet Preparation Traffic Conference, Inc., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents
Central & Southern States Motor Freight Tariff Association, Inc., et al., J.C. Penney Co., Inc., National Industrial Traffic League, American Retail Federation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 13, 1983.
Decided January 24, 1984.
Attorney(s) appearing for the Case
Daniel J. Sweeney, Washington, D.C., with whom John M. Cutler, Jr., Washington, D.C., was on the brief, for petitioners. Charles J. McCarthy and Steven J. Kalish, Chicago, Ill., also entered appearances for petitioners.
H. Glenn Scammel, Atty., I.C.C., Washington, D.C., with whom John Broadley, Gen. Counsel, Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and Robert B. Nicholson and Frederic L. Freilicher, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents. Kathleen M. Dollar, Atty., I.C.C., Washington, D.C., also entered an appearance for respondent, I.C.C.
Patrick McEligot, Washington, D.C., with whom Bryce Rea, Jr., Washington, D.C., William Kenworthy, Denver, Colo., F.H. Lynch, Jr., Kansas City, Mo., John W. McFadden, Arlington, Va., Sherman D. Schwartzberg, Atlanta, Ga. and Robert A. Wilson, Louisville, Ky., were on the brief, for intervenors, Central & Southern States Motor Freight Tariff Ass'n, Inc., et al.
John F. Donelan and Frederic L. Wood, Washington, D.C., were on the briefs for intervenors, The American Retail Federation and The National Industrial Transp. League.
Alan S. Langer, New York City, entered an appearance for intervenor, J.C. Penney Co., Inc.
Abraham A. Diamond, Chicago, Ill., entered an appearance for intervenor, Illinois Territory Manufacturers' Traffic League and for intervenor, National Retail Merchants Ass'n.
Before WALD and EDWARDS, Circuit Judges, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge McGOWAN.
McGOWAN, Senior Circuit Judge:
At issue in this proceeding are newly promulgated Interstate Commerce Commission (ICC or Commission) regulations permitting motor common carriers to allocate higher platform handling costs to smaller-size shipments.1 Previously, the ICC had required carriers to allocate these costs in direct proportion to weight regardless of shipment size...
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