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

No. 84-1268.

777 F.2d 722 (1985)

CENTRAL & SOUTHERN MOTOR FREIGHT TARIFF 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 November 22, 1985.

Attorney(s) appearing for the Case

Elliott Bunce, with whom John W. McFadden, Jr., Kim D. Mann and Andrew J. Carraway, Arlington, Va., were on brief, for petitioners.

Richard J. Osterman, Jr., Atty., Interstate Commerce Commission, with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting General Counsel, Ellen D. Hanson, Associate General Counsel, I.C.C., Catherine G. O'Sullivan and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

John Broadley, Robert S. Burk, Attys., I.C.C. and Barry Grossman, Atty., Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before WALD, MIKVA and STARR, Circuit Judges.

STARR, Circuit Judge:

This petition for review arises from efforts of the Interstate Commerce Commission, pursuant to the Independent Offices Appropriation Act, 31 U.S.C. § 9701 (1982) (as amended), to update the fees charged for various services rendered by the Commission. The ICC's final decision, Regulations Governing Fees for Services Performed in Connection with Licensing and Related Services, 1 I.C.C.2d 60 (1984), adopted fees for 72 separate services...

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