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INTERNATIONAL BROTH. OF TEAMSTERS v. I.C.C.

Nos. 88-7313, 88-7324.

921 F.2d 904 (1990)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA AND TEAMSTERS JOINT COUNCIL NO. 7, Petitioner, Jarvis Leasing, Inc.; The Maxwell Co.; Propane Transport, Inc.; Truckway Service, Inc.; Weiss Trucking Company, Inc.; Public Utilities Commission of the State of California, Petitioners-Intervenors, v. INTERSTATE COMMERCE COMMISSION, Respondent, National-American Wholesale Grocers' Association ("NAWGA"); Superior Transportation Systems, Inc.; James River Corporation; Interstate Distributor Company, Respondents-Intervenors. CALIFORNIA TRUCKING ASSN., INC.; Regular Common Carrier Conference; National Motor Freight Traffic Association, Inc.; New York Motor Carrier Conference, Inc.; Central & Southern Motor Freight Tariff Association, Inc.; Middle Atlantic Conference; Middlewest Motor Freight Bureau; New England Motor Rate Bureau, Inc.; Niagara Frontier Tariff Bureau; Pacific Inland Tariff Bureau; and Rocky Mountain Motor Tariff Bureau, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, National-American Wholesale Grocers' Association ("NAWGA"); Superior Transportation Systems, Inc.; James River Corporation; Interstate Distributor Company; State of Texas, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 18, 1990.

Attorney(s) appearing for the Case

Patrick McEligot, Rea, Cross and Auchincloss, Washington, D.C., William W. Pugh, Kevin M. Williams, Regular Common Carrier Conference Bd., Alexandria, Va., and Brian L. Troiano, Washington, D.C., for petitioners.

Michael Martin, I.C.C., Washington, D.C., and Robert B. Nicholson and Laura Heiser, Dept. of Justice, Washington, D.C., for respondents.

William P. Jackson, Jr. and David C. Reeves, Jackson and Jessup, Arlington, Va., for intervenors.

Before FARRIS and THOMPSON, Circuit Judges, and MUECKE, District Judge.

DAVID R. THOMPSON, Circuit Judge:

The International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and others (collectively "Teamsters") challenge a declaratory order of the Interstate Commerce Commission ("ICC"). The ICC determined that goods shipped from out of state to a warehouse in California, and then shipped from the California warehouse to points within California, continued to be in interstate commerce despite the fact that the...

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