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CLARK & REID CO., INC. v. U.S.

No. 86-1601.

851 F.2d 1468 (1988)

CLARK & REID COMPANY, INC. and Household Goods Carriers' Bureau, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, National Small Shipments Traffic Conference, Inc., et al., Eastern Central Motor Carriers Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1988.

Attorney(s) appearing for the Case

Thomas M. Auchincloss, Jr., with whom Leo C. Franey, Washington, D.C., was on the brief, for petitioners.

Lawrence H. Schecker, I.C.C., with whom Robert S. Burk, General Counsel, John J. McCarthy, Jr., Deputy Associates General Counsel, I.C.C., Robert B. Nicholson and John P. Fonte, Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Elliott Bunce, with whom John W. McFadden, Jr., Arlington, Va., and Kevin M. Williams were on the brief, for intervenors The Eastern Cent. Motor Carriers Ass'n, Inc., et al.

Daniel J. Sweeney, Washington, D.C., for intervenors National Small Shipments Traffic Conference, Inc., et al.

Before ROBINSON, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Movers of household goods charge extra for "accessorial services": packing and unpacking, storage in transit, warehouse handling, extra labor, piano moving, waiting time, overtime loading and unloading, with special premiums where they must use elevators or stairs or carry goods an extra distance. Petitioner Household Goods Carriers' Bureau, Inc., agent for...

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