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SOUTHERN MOTOR CARRIERS RATE CONFERENCE v. U.S.

No. 84-8499.

773 F.2d 1561 (1985)

SOUTHERN MOTOR CARRIERS RATE CONFERENCE, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, Eleventh Circuit.

October 18, 1985.

Attorney(s) appearing for the Case

Patrick McEligot, Bryce Rea, Jr., Washington, D.C., for petitioners.

Catherine G. O'Sullivan, Marion L. Jetton, Dept. of Justice, Antitrust Div., Washington, D.C., for U.S.

Laurence H. Schecker, I.C.C., Washington, D.C., for I.C.C.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, District Judge.

ATKINS, District Judge:

Petitioners, Southern Motor Carriers Rate Conference, et al. (SMCRC), seek review of a final order of the Interstate Commerce Commission (ICC) promulgating general rules relieving all motor carriers of property and all freight forwarders of the statutory requirement that their tariffs be filed at least 30 days before they become effective. SMCRC urge that such rules (a) exceed the statutory authority...

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