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NATIONAL CLASSIFICATION COMM. v. UNITED STATES

No. 84-1140.

779 F.2d 687 (1985)

NATIONAL CLASSIFICATION COMMITTEE and National Motor Freight Traffic Association, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1985.

Attorney(s) appearing for the Case

John R. Bagileo, with whom William W. Pugh and Brian L. Troiano, Washington, D.C., were on brief, for petitioners.

Sidney L. Strickland, Jr., Atty., I.C.C., with whom William F. Baxter, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting Gen. Counsel, Henri F. Rush, Acting Deputy Gen. Counsel, I.C.C., Robert B. Nicholson and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

Before WALD, EDWARDS and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge.

This is the third in a series of petitions to this court relating to the question of whether petitioners, the National Classification Committee ("NCC") and the National Motor Freight Traffic Association, Inc. ("NMFTA") may include charges in their freight classification tariff, the National Motor Freight Classification ("NMFC"). This latest petition is from the Interstate Commerce Commission...

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