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THREE WAY CORP. v. I.C.C.

Nos. 84-1280, 84-1282.

792 F.2d 232 (1986)

THREE WAY CORPORATION, Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, United Van Lines, Inc., Intervenor. BUDD MOVING SYSTEMS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, United Van Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1986.

Attorney(s) appearing for the Case

Charles H. White, Jr., Washington, D.C., was on brief for petitioners.

Edward J. O'Meara, Atty., I.C.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Robert S. Burk, Acting Gen. Counsel, Lawrence H. Richmond, Deputy Associate Gen. Counsel, I.C.C., Robert B. Nicholson and Marion L. Jetton, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents. John P. Fonte, Washington, D.C., entered an appearance for respondents.

Edward J. Kiley, Washington, D.C., with whom Brainerd W. LaTourette, Jr., Clayton, Mo., Leonard A. Jaskiewicz, and James A. Calderwood, Washington, D.C., were on brief, for intervenor.

Before EDWARDS and BORK, Circuit Judges, and GESELL, District Judge, United States District Court for the District of Columbia.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Petitioners appeal the decision of the Interstate Commerce Commission approving without hearing the application of United Van Lines to amend the pooling agreement with its carrier agents. Petitioners, two affected carrier agents, argue that the amendments are anti-competitive and should not have received Commission approval under the Household Goods Transportation Act of 1980, 49 U.S.C...

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