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REGULAR COMMON CARRIER CONF. v. UNITED STATES

Nos. 85-1373, 85-1374 and 85-1394.

803 F.2d 1186 (1986)

REGULAR COMMON CARRIER CONFERENCE, et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Haslerig Trucking Company, Inc., Intervenor. REGULAR COMMON CARRIER CONFERENCE, et al., Petitioners v. UNITED STATES of America and Interstate Commerce Commission, Respondents. DEATON, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 10, 1986.

As Amended October 10, 1986.

Attorney(s) appearing for the Case

Joan M. Darby, with whom Robert J. Higgins and Ellen M. Athas, Washington, D.C., were on the brief, for Intern. Broth. of Teamsters, Chauffeurs, Warehousemen and Helpers of America, petitioners in Nos. 85-1373 and 85-1374.

Kevin M. Williams, with whom Daniel R. Barney, Kenneth E. Siegel and William S. Busher, Alexandria, Va., were on the joint brief for Regular Common Carriers Conference, et al., petitioners in Nos. 85-1373, 85-1374 and 85-1394. Kim D. Mann also entered an appearance for petitioner in No. 85-1394.

Lawrence H. Schecker, Atty., I.C.C., with whom Robert S. Burk, General Counsel, John J. McCarthy, Jr., Deputy Associate General Counsel, I.C.C., Robert B. Nicholson and Marion Jetton, Attys., Dept. of Justice, Washington, D.C., were on the brief for respondents in Nos. 85-1373, 85-1374 and 85-1394.

Before WALD, Chief Judge, MIKVA, Circuit Judge, and LEIGHTON, Senior District Judge.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioners in these consolidated cases seek review of three orders of the Interstate Commerce Commission ("ICC" or "Commission"). In each order, the Commission granted an application for a permit to "operate as a contract carrier, ... transporting general commodities (except classes A and B explosives and household goods), ... under continuing contract(s) with commercial shippers...

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