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CENTRAL & SOUTHERN MOTOR FREIGHT TARIFF ASS'N, INC. v. U.S.

Nos. 86-3460, 86-3568.

843 F.2d 886 (1988)

CENTRAL AND SOUTHERN MOTOR FREIGHT TARIFF ASSOCIATION, INC., Petitioner, v. UNITED STATES of America & Interstate Commerce Commission, Respondents, National Small Shipments Traffic Conference, Inc. & The Drug and Toilet Preparation Traffic Conference, Inc., Intervenors-Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1988.

Attorney(s) appearing for the Case

John M. Womack, Louisville, Ky., Bryce Rea, Jr., Patrick McEligot (argued), Washington, D.C., for petitioner.

Edwin Meese, III, Atty. Gen., U.S. Dept. of Justice, Robert S. Burk, Gen. Counsel, ICC, Evelyn G. Kitay (argued), Washington, D.C., for respondents.

Daniel J. Sweeney, Washington, D.C., for intervenors-respondents.

Robert B. Nicholson, John P. Fonte, Dept. of Justice, Washington, D.C., for U.S.

Leonard A. Jaskiewicz, Grove, Jaskiewicz, Gilliam and Cobert, Washington, D.C., for amicus curiae Bulk Carrier.

Before KEITH, KENNEDY and NORRIS, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

These two consolidated cases, each of which seeks review of two final orders of the Interstate Commerce Commission ("Commission"), require us to determine whether the Commission is correct in its application of the Motor Carrier Act of 1980, Pub.L. No. 96-296, 94 Stat. 793 (codified as amended in scattered sections of 49 U.S.C.) ("the Act"), to two tariffs filed with the Commission by the petitioner...

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