CENT. & SOUTHERN MOTOR FREIGHT TARIFF ASS'N v. U.S.

Nos. 83-1581, 83-1740, 83-1761 and 83-1973.

757 F.2d 301 (1985)

CENTRAL & SOUTHERN MOTOR FREIGHT TARIFF ASSOCIATION, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Regular Common Carrier Conference, Inc., American Trucking Associations, Inc., Eastern Central Motor Carriers Association, Inc., Interstate Carriers Conference, Groendyke Transport, Inc., Intervenors. HOUSEHOLD GOODS CARRIERS' BUREAU, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Groendyke Transport, Inc., Intervenor. The EASTERN CENTRAL MOTOR CARRIERS ASSOCIATION, INC. and the Regular Common Carrier Conference, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Chemical Leaman Tank Lines, Inc., et al., International Transport, Inc., Refrigerated International Cargo Haulers, Inc., Groendyke Transport, Inc., Youngblood Transportation Systems, Inc., Coastal Tank Lines, Inc., Central Transport, Inc., Fresh Express, Inc., et al., Allstate Carriers, Inc., et al., Schneider Transport, Inc., et al., DSI Transports, Inc., Central & Southern Motor Freight Tariff Association, Inc., et al., J.R.S. Leasing Charter, Inc., L.R.C. Truck Lines, Inc., Carnaco Transport, Inc., Riverside Transportation, Inc., Quality Operations, Inc., R.B.C. Transportation, Inc., Southern Motor Carrier Rate Conference, Clearfield Transportation Company, Inc., Miller Transporters, Inc., Allied Van Lines, Inc., Intervenors. The EASTERN CENTRAL MOTOR CARRIERS ASSOCIATION, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 1985.

As Amended March 29, 1985.


Attorney(s) appearing for the Case

Donald E. Cross, Thomas Auchincloss and Elliott Bunce, Washington, D.C., with whom Bryce Rea, Jr., Washington, D.C., John W. McFadden, Jr., Arlington, Va., John C. Bradley, J. Curtis Bradley, III, Kim D. Mann, Great Falls, Va., and Kevin M. Williams, Washington, D.C., were on the joint brief, for petitioners/intervenors in Nos. 83-1581, 83-1740, 83-1761 and 83-1973. Patrick McEligot, William Kenworthy, F.H. Lynch, Jr., William W. Pugh, Robert A. Wilson and Leo C. Franey, Washington, D.C., entered appearances for petitioners/intervenors.

Craig M. Keats, Atty. I.C.C., Washington, D.C., with whom John Broadley, General Counsel, and Ellen D. Hanson, Associate General Counsel, Interstate Commerce Commission, and Robert B. Nicholson and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Charles H. White, Jr., Washington, D.C., for intervenor Refrigerated International Cargo Haulers, Inc. in No. 83-1761.

Alvin J. Meiklejohn, Jr., Denver, Colo., was on the brief for intervenor Groendyke Transport, Inc. in Nos. 83-1581, 83-1740, 83-1761 and 83-1973.

Edward J. Kiley, William H. Shawn, Alan J. Thiemann and Robert R. Harris, Washington, D.C., were on the brief for intervenors Chemical Leaman Tank Lines, Inc., et al. in No. 83-1761. Robert R. Harris entered an appearance for intervenor Allied Van Lines, Inc. in No. 83-1761.

Thomas A. Callaghan, Jr. and Frederic D. Houghteling, Washington, D.C., were on the brief for intervenor Interstate Carriers Conference in No. 83-1581.

William H. Borghesani, Jr., Michael F. Morrone and Timothy Brown, Washington, D.C., were on the brief for intervenors Carnaco Transport, Inc., et al. in No. 83-1761.

Daniel C. Sullivan and Vyta P. Ambutus, Chicago, Ill., were on the brief for intervenors Schneider Transport, Inc., et al. in No. 83-1761.

E. Stephen Heisley and Lester R. Gutman, Washington, D.C., were on the brief for intervenors Central Transport, et al. in No. 83-1761.

Richard B. Felder, Washington, D.C., was on the brief for intervenor International Transport in No. 83-1761.

Marshall Kragen, Washington, D.C., was on the brief for intervenors Allstate Carriers, et al. in No. 83-1761.

Harold D. Miller, Jr., Jackson, Miss., was on the brief for Miller Transporters in No. 83-1761.

Nelson J. Cooney and Kenneth E. Seigal, Washington, D.C., were on the brief for intervenor American Trucking Associations, Inc. in No. 83-1581.

Charles Ephraim and James F. Flint, Washington, D.C., entered appearances for intervenor Youngblood Trucklines in No. 83-1761.

Leonard R. Kofkin, Chicago, Ill., entered an appearance for intervenor Central Transport, Inc. in No. 83-1761.

Ronald N. Cobert and Robert L. Cope, Washington, D.C., entered appearances for intervenor Fresh Express, Inc., et al. in No. 83-1761.

Joseph Winter, Atlanta, Ga., entered an appearance for intervenor J.R.S. Leasing Charter, Inc. in No. 83-1761.

Mark J. Andrews, Washington, D.C., entered an appearance for intervenor Clearfield Transportation Company, Inc. in No. 83-1761.

Kevin M. Williams, Arlington, Va., entered an appearance for intervenor Regular Common Carrier Conference, Inc. in No. 83-1581.

Before WRIGHT and SCALIA, Circuit Judges, and WILKEY, Senior Circuit Judge.


Opinion PER CURIAM.

PER CURIAM:

This appeal consolidates four petitions to set aside, in whole or in part, orders of the Interstate Commerce Commission exempting motor contract carriers of property from the Motor Carrier Act's requirements to file tariffs. We uphold the Commission's statutory authority to relieve motor contract carriers from the tariff-filing requirements. We also find reasonable the Commission's use of that authority to exempt all such carriers...

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