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CALIFORNIA TRUCKING ASS'N v. I.C.C.

Nos. 87-7439, 88-7041.

900 F.2d 208 (1990)

CALIFORNIA TRUCKING ASSOCIATION; National Motor Freight Traffic Association, Inc.; Central and Southern Motor Freight Tariff Association, Inc., Petitioners, Regular Common Carrier Conference; Alabama Public Service Commission; Jarvis Leasing, Inc.; The Maxwell Co.; Propane Transport, Inc.; Truckway Service, Inc.; Weiss Trucking Company, Inc.; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America ("IBT") and Teamsters' Joint Council No. 7 ("Local 7"); California Public Utilities Commission; The National Association of Regulatory Utility Commissioners; Ad Hoc Carriers (California), Petitioners-Intervenors, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, Rubber Manufacturers Association, Inc. ("RMA"); National-American Wholesale Grocers' Association ("NAWGA"); Quaker Oats Company; National Small Shipments Traffic Conference, Inc.; Drug and Toilet Preparation Traffic Conference, Inc., Respondents-Intervenors. GREAT WESTERN TRUCKING CO., INC., Petitioner, Jarvis Leasing Inc., et al.; Merchants Fast Motor Lines; Central Freight Lines, Inc., et al.; Big State Freight Lines, Inc.; Brown Express, Inc.; Herder Truck Line, Inc.; State of Texas; Regular Common Carrier Conference, Petitioners-Intervenors, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, The Quaker Oats Company; The Rubber Manufacturers Association; National-American Wholesale Grocers' Association; Custom Carriers; C. H. Robinson Co.; Iowa Continental Shippers, Inc., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed December 14, 1989.

Decided April 13, 1990.

Attorney(s) appearing for the Case

Patrick L. McEligot, Rea, Cross & Auchincloss, Washington, D.C., for petitioners.

Evelyn Kitay, I.C.C., Washington, D.C., for respondents.

William W. Pugh, National Motor Freight Traffic Ass'n, Alexandria, Va., for petitioners-intervenors.

William P. Jackson, Jr., Jackson & Jessup, Arlington, Va., for respondents-intervenors.

Before NELSON, TROTT and RYMER, Circuit Judges.

ORDER

The motion for publication in this case is granted. The opinion filed concurrently with this order replaces the memorandum disposition filed December 14, 1989, 893 F.2d 1338, as the disposition in this case.

OPINION

RYMER, Circuit Judge:

California Trucking Association and others petition for review of an order of the Interstate Commerce Commission declaring that shipments of Quaker Oat products within the states of Texas and California...

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