AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Petitioners,
v.
INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 14, 1984.
March 14, 1984.
Attorney(s) appearing for the Case
William French Smith, Atty. Gen., Mark Evans, Gen. Counsel, Robert J. Grady, I.C.C., Kenneth P. Kolson, Robert B. Nicholson, App. Sec., Antitrust Div., Dept. of Justice, Washington, D.C., for respondents.
Serby & Mitchell, P.C., Alan E. Serby, Atlanta, Ga., for Brannan, Owen, Refrigerated.
Brooks & Matthews, Hugh T. Matthews, Dallas, Tex., for Steere.
Perry, Crockett, Morrison & Starling, Donald B. Morrisson, Jackson, Miss., for Merchants.
Kenneth E. Siegel, Washington, D.C., for American and Red Arrow, Merchants Truck and Steere.
Robinson, Felts, Starnes & Latting, P.C., Phillip Robinson, Austin, Tex., for Central, Great Western, Miller, and SAIA.
Alan F. Wohlstetter, Stanley I. Goldman, Washington, D.C., for Aero Mayflower et al.
James M. Doherty, Austin, Tex., for Rose Truck Line et al.
Eugene C. Ewald, Bloomfield Hills, Mich., for Nat. Auto. Transporters.
Dennis Dean Kirk, Washington, D.C., for Specialized Carriers.
Angelo V. Arcadipane, Washington, D.C., for North American Van Lines, Inc.
Before RUBIN, RANDALL and TATE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
BY THE COURT:
Civil contempt is coercive rather than punitive. It is intended to make a recalcitrant party comply with an affirmative command of the court. Jones v. Louisiana State Bar Association,602 F.2d 94 (5th Cir.1979). The petitioner has not made a sufficient showing that such coercion is now appropriate, particularly in view of the ICC's response dated March 7. Therefore, both of the motions to cite for contempt are...
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