STATE OF TEXAS, Petitioner,
v.
UNITED STATES of America, and Interstate Commerce Commission, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
March 6, 1989.
March 6, 1989.
Attorney(s) appearing for the Case
Robert Ozer, Anne Swenson, Asst. Attys. Gen., Gen. Litigation, State & County Affairs Div., Austin, Tex., for petitioner, State of Tex.
Victoria H. Tobin, Asst. Atty. Gen., Hugh Jeffrey Lanier, Atlanta, Ga., for amicus curiae, State of Georgia.
Robert S. Burk, Gen. Counsel, ICC, Michael L. Martin, Edwin Meese, III, Atty. Gen., U.S. Dept. of Justice, Robert B. Nicholson, John P. Fonte, Dept. of Justice, Laura Heiser, Washington, D.C., for the U.S. and ICC.
Jerry Prestridge, Austin, Tex., for Merchants Fast Motor Lines.
Hugh T. Matthews, Dallas, Tex., for Steere Tank Lines and Great Werstern Trucking.
Byrd R. Latham, P. Michael Cole, Asst. Attys. Gen., Athens, Ala., for Alabama Public Serv. Com'n.
Robert J. Higgins and Harriet Grant, Washington, D.C., for Intern. Broth of Teamsters, etc.
Keller & Heckman, Terrence D. Jones, Washington, D.C., for Nat'l American Wholesale.
William P. Jackson, Jr., Jackson and Jessup, P.C., Arlington, Va., for Armstrong and Reeves Transp. Co. of Georgia.
Kevin M. Williams, Gen. Counsel, Alexandria, Va., for Regular Common Carrier Conference.
Paul Rogers, General Counsel, Charles D. Gray, Assoc., Washington, D.C., for Nat. Ass'n of Regulatory Utility Com'rs.
Phillip Robinson and Mert Starnes, Austin, Tex., for Cent. Freight Lines.
William F. Pugh, Alexandria, Va., for Nat. Mtr. Freight Traffic Ass'n.
Robin A. McHugh, Helena, Mont., for State of Montana.
James T. Quinn, J. Calvin Simpson, and Janice E. Kerr, San Francisco, Cal., for Public Utilities Com'n of State of Cal.
Before THORNBERRY, RUBIN and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ALVIN B. RUBIN and PATRICK E. HIGGINBOTHAM, Circuit Judges:*
Armstrong World Industries ships carpet from Georgia to a Texas warehouse. After a storage period, Armstrong ships the carpet onward from the warehouse to final destinations throughout Texas and in neighboring states. The ICC has issued a declaratory order holding that the carpet bound for Texas destinations moves in interstate commerce during its warehouse-to-destination trip...
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