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MASS. FURNITURE & PIANO MOVERS ASS'N v. F.T.C.

No. 83-1892.

773 F.2d 391 (1985)

MASSACHUSETTS FURNITURE & PIANO MOVERS ASSOCIATION, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

September 30, 1985.

Attorney(s) appearing for the Case

James C. McMahon, Jr., New York City, with whom Rory J. Fitzpatrick, Boston, Mass., Lori Samet Schwartz and Brodsky, Linett, Altman, Schechter & Reicher, New York City, were on brief, for petitioner.

Peter B. Ellis, Gerald L. Neuman, and Foley, Hoag & Eliot, Boston, Mass., on brief, for the Bekins Co. and Bekins Moving & Storage Co., Inc., amici curiae.

John H. Carley, Gen. Counsel, Washington, D.C., with whom Howard E. Shapiro, Deputy Gen. Counsel, Ernest J. Isenstadt, Asst. Gen. Counsel, Joanne L. Levine, Atty., and Leslie Rice Melman, Atty., F.T.C., Washington, D.C., were on brief, for respondent.

Before COFFIN and BREYER, Circuit Judges, and DOYLE, Senior District Judge.

COFFIN, Circuit Judge.

The Massachusetts Furniture and Piano Movers Association (the Association) appeals from a decision of the Federal Trade Commission (FTC) ordering the Association to cease and desist from collective rate setting. Appellant is a Massachusetts trade association comprised of two hundred and seventy carriers of household goods and office equipment, a number equal to approximately eighty percent of such carriers in Massachusetts. Since 1938, the Association...

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