MIDDLE ATLANTIC CONFERENCE v. UNITED STATES

No. 84-2195.

769 F.2d 205 (1985)

MIDDLE ATLANTIC CONFERENCE, Petitioner, v. UNITED STATES of America and the Interstate Commerce Commission, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1985.


Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D.C. (Brian L. Troiano, Rea, Cross & Auchincloss, Washington, D.C., J. Alan Royal, Riverdale, Md., on brief), for petitioner.

Richard J. Osterman, Jr., Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Robert B. Nicholson, Robert J. Wiggers, Robert S. Burk, Acting Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, Washington, D.C., on brief), for respondents.

Before WINTER, Chief Judge, and WIDENER and HALL, Circuit Judges.


PER CURIAM:

The Interstate Commerce Commission suspended and subsequently cancelled portions of the New York, NY Short Haul Area Tariff ICC MAC 308-E (the "tariff") of Middle Atlantic Conference (MAC), which now appeals.

The tariff proposed:

1. to make a slight increase in the level of class rates as to equalize those rates with the level of class rates applicable generally throughout the rest of MAC territory; 2. to change the rate basis...

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