NATIONAL CLASSIFICATION COMMITTEE v. U.S.

No. 92-1212.

22 F.3d 1174 (1994)

NATIONAL CLASSIFICATION COMMITTEE and National Motor Freight Traffic Association, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents, Mallinckrodt Specialty Chemicals Company, et al., The National Industrial Transportation League, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1994.


Attorney(s) appearing for the Case

William W. Pugh, Alexandria, VA, argued the cause, for petitioners. On brief, was John R. Bagileo, Washington, DC. Rosalind C. Cohen, Washington, DC, entered an appearance.

Michael Martin, Atty., I.C.C., Washington, DC, argued the cause, for respondents. On brief, were Robert S. Burk, Gen. Counsel, I.C.C., Craig M. Keats, Associate Gen. Counsel, I.C.C., and Robert B. Nicholson and John P. Fonte, Attys., Dept. of Justice, Washington, DC.

Daniel J. Sweeney, Washington, DC, argued the cause, for intervenors. On the joint brief, were Richard D. Fortin and Nicholas J. DiMichael, Washington, DC.

Before MIKVA, Chief Judge; WILLIAMS and HENDERSON, Circuit Judges.


Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Concurring opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The National Classification Committee (NCC) seeks review of a decision by the Interstate Commerce Commission (ICC or Commission) ordering the NCC to cancel tariffs reclassifying certain acids that are designated as hazardous by the United...

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