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NATIONAL SMALL SHIPMENTS TRAFFIC CONF. v. U.S.

No. 89-3163.

887 F.2d 443 (1989)

NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC. and The Health and Personal Care Distribution Conference, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Roadway Express, Inc.; National Freight Claims & Security Council of American Trucking Associations; National Motor Freight Traffic Association, Inc., Intervenors.

United States Court of Appeals, Third Circuit.

Decided October 10, 1989.

Rehearing and Rehearing Denied November 6, 1989.

Attorney(s) appearing for the Case

Daniel J. Sweeney (argued) and John M. Cutler, Jr., Washington, D.C. for petitioners.

Virginia Strasser (argued), I.C.C., Robert Burk, Craig M. Keats, Office of Gen. Counsel, John P. Fonte, John J. Powers, III, and James F. Rill, U.S. Dept. of Justice, Appellate Section, Antitrust Div., Washington, D.C., for respondents.

Kenneth E. Siegel (argued), Robert S. Digges, Jr., Alexandria, Va., and William W. Pugh, Gen. Counsel, Nat. Motor Freight Traffic Assn., Inc., Alexandria, Va., for intervenors/respondents.

Before MANSMANN, NYGAARD and ALDISERT, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 6, 1989.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In the world of commercial shipping freight by common or contract carrier, as regulated by the Interstate Commerce Commission ("I.C.C. or Commission"), the shipper ordinarily declares the freight's value in the bill of lading. Some tariffs filed with the I.C.C. contain a clause providing that if the shipper fails to declare a value, the shipment...

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