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OVERLAND EXP., INC. v. I.C.C.

No. 92-1037.

996 F.2d 356 (1993)

OVERLAND EXPRESS, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION, Respondent, Jasper Wyman & Son, et al., Household Goods Carriers' Bureau, Inc., The Kroger Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1993.

Rehearing and Suggestion for Rehearing Denied September 22, 1993.

Attorney(s) appearing for the Case

Joseph L. Steinfeld, Jr., Washington, DC, argued the cause for petitioner. With him on the briefs were Robert B. Walker and John T. Siegler, Washington, DC.

Judith A. Albert, Atty., I.C.C., Washington, DC, argued the cause for respondent. With her on the brief were Robert S. Burk, Gen. Counsel, I.C.C., Ellen D. Hanson, Sr. Associate Gen. Counsel, I.C.C., Robert B. Nicholson and John P. Fonte, Attys., Dept. of Justice, Washington, DC.

William J. Augello, Huntington, NY, argued the cause for intervenor Jasper Wyman & Son, et al.

Thomas M. Auchincloss, Jr. and Leo C. Franey, Washington, DC, were on the brief for intervenor Household Goods Carriers' Bureau, Inc.

Terrance D. Jones and William H. Borghesani, Jr., Washington, DC, entered an appearance for intervenor The Kroger Co.

Before EDWARDS, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 22, 1993.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner, a bankrupt carrier, challenges the Interstate Commerce Commission's (ICC's) order declaring that the carrier's rates were never effectively on file with the Commission. We agree with petitioner that the Commission's ruling conflicts with Supreme Court precedent, and therefore, we grant...

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