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NIAGARA FRONTIER TARIFF BUREAU, INC. v. U.S.

No. 84-1548.

780 F.2d 109 (1986)

NIAGARA FRONTIER TARIFF BUREAU, INC., Petitioner, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, National Small Shipments Traffic Conference et al., National Industrial Transportation League, and Central and Southern Motor Freight Traffic Association, Inc. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1986.

As Amended January 7, 1986.

Attorney(s) appearing for the Case

Bryce Rea, Jr., with whom Patrick McEligot, Washington, D.C., was on the brief, for petitioner.

Laurence H. Schecker, Atty., I.C.C., and John P. Fonte, Atty., Dept. of Justice, with whom Robert S. Burk, Acting Gen. Counsel, and Ellen D. Hanson, Associate Gen. Counsel, I.C.C., and Robert B. Nicholson and Edward T. Hand, Attys., Dept. of Justice, Washington D.C., were on the brief, for respondents.

Paul R. Duke, with whom Richard J. DeSanti, Washington, D.C., was on the brief, for intervenor Motor Carrier Rate Bureaus.

Daniel J. Sweeney, Washington, D.C., was on the brief for intervenor National Small Shipments Traffic Conference et al.

John F. Donelan, Frederic L. Wood, and Richard D. Fortin, Washington, D.C., were on the brief for intervenor Nat. Indus. Transp. League.

Before WRIGHT, EDWARDS, and DAVIS, Circuit Judges.

Opinion for the court per curiam.

PER CURIAM:

We affirm the order of the Interstate Commerce Commission invalidating petitioner's tariffs as violative of the Motor Carrier Act's prohibition of collective ratemaking for "single-line rates." See 49 U.S.C. § 10706(b)(3)(D) (1982). Although the Act's definition of "single-line rate" is not free from ambiguity, see 49 U.S.C. § 10706(b)(1) (1982), its legislative history leaves no doubt that...

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