CENTRAL STATES MOTOR FREIGHT BUREAU, INC. v. I.C.C.

No. 90-1008.

924 F.2d 1099 (1991)

CENTRAL STATES MOTOR FREIGHT BUREAU, INC., et al., Petitioners, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Association of American Railroads, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 1991.

Rehearing and Rehearing Denied March 28, 1991.


Attorney(s) appearing for the Case

J. Elliott Bunce, with whom John W. McFadden, Jr., Arlington, Va., Bryce Rea, Jr., William E. Kenworthy and Kevin M. Williams, Washington, D.C., were on the brief, for petitioners.

Louis Mackall, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and Craig M. Keats, Deputy Associate Gen. Counsel, I.C.C., James F. Rill, Asst. Atty. Gen., Robert B. Nicholson and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Frederic L. Wood and Nicholas J. DiMichael, Washington, D.C., for The Nat. Indus. Transp. League, John C. Fudesco for Pennsylvania Truck Lines, Inc., Ronald N. Cobert and Andrew M. Danas, Washington, D.C., for Intermodal Marketing Ass'n, Robert W. Blanchette and John B. Norton, Washington, D.C., for Ass'n of American Railroads were on the joint brief for intervenors. J. Thomas Tidd, Washington, D.C., for American Ass'n of Railroads, Robert L. Cope and Joseph Michael Roberts for Intermodal Marketing Association, and Richard D. Fortin, Washington, D.C., for Nat. Indus. Transp. also entered appearances for intervenors.

Before: RUTH BADER GINSBURG, SILBERMAN and SENTELLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 28, 1991.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Dissenting Opinion filed by Circuit Judge SILBERMAN.

RUTH BADER GINSBURG, Circuit Judge:

In "trailer-on-flat car" ("TOFC") or "piggyback" operations, trailers containing freight are pulled by motor carrier from the shipper to the rail ramp, moved by rail to the destination rail ramp, and then taken to their ultimate destination...

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