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AMERICAN TRUCKING ASSOCIATIONS, INC. v. I.C.C.

No. 84-4389.

770 F.2d 535 (1985)

AMERICAN TRUCKING ASSOCIATIONS, INC.; Film, Air, and Package Carriers Conference, Inc.; National Automobile Transporters Association; Mississippi Trucking Association; National Tank Truck Carriers, Inc.; and Regular Common Carriers Conference, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

September 13, 1985.

Attorney(s) appearing for the Case

Nelson J. Cooney, Gen. Counsel, Kenneth E. Siegel, Alexandria, Va., for petitioners.

Dickstein, Shapiro & Morin, Robert J. Higgins, Joan M. Darby, Washington, D.C., for IBT.

Hugh T. Matthews, Dallas, Tex., for Steere Tank Lines, Inc.

Rea, Cross & Auchincloss, Thomas M. Auchincloss, Jr., Brian L. Troiano, Washington, D.C., for Specialized Carriers.

William F. Smith, Atty. Gen., Robert B. Nicholson, John P. Fonte, Dept. of Justice, John Broadley, Gen. Counsel, I.C.C., Robert J. Grady, Washington, D.C., for respondents.

Before RUBIN, WILLIAMS and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

After years of legislative study, "one of the most intensive inquiries" ever conducted by the Senate Committee on Commerce, Science, and Transportation,1 and pressure by conflicting interest groups, some seeking continuation of full regulation of the motor transport industry and others seeking its complete deregulation, Congress adopted the Motor Carrier Act of 1980.2 Following...

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