DRUG & TOILET PREPARATION TRAFFIC CONF. v. U.S.

No. 85-1252.

797 F.2d 1054 (1986)

DRUG AND TOILET PREPARATION TRAFFIC CONFERENCE, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, National Glass Association, National Bus Traffic Association, Inc., Shippers National Freight Claims Council, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 1986.


Attorney(s) appearing for the Case

Daniel J. Sweeney, with whom John M. Cutler, Washington, D.C., was on brief, for petitioners.

Laurence H. Schecker, Atty, Interstate Commerce Commission, with whom Robert S. Burk, General Counsel, Ellen D. Hanson, Associate General Counsel, Interstate Commerce Commission, Robert B. Nicholson and John P. Fonte, Attorneys, Dept. of Justice, Washington, D.C., were on brief, for respondents.

Fritz R. Kahn, with whom William C. Evans, Washington, D.C., and Charles A. Webb, Arlington, Va., were on brief, for intervenor, National Bus Traffic Ass'n, Inc.

Jerald A. Jacobs, Washington, D.C., was on brief for intervenor National Glass Ass'n.

William J. Augella entered an appearance for intervenor Shippers Nat. Freight Claims Council, Inc.

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


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

We are called upon to determine whether the Interstate Commerce Commission properly approved a proposal by the National Bus Traffic Association to allow its members to transport windshields and window glass without assuming liability for loss or damage occasioned during shipment. Under the deferential standards of review applicable in these...

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