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NATIONAL MOTOR FREIGHT TRAFFIC ASS'N v. I.C.C.

No. 94-1032.

51 F.3d 297 (1995)

NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION, and National Classification Committee, Petitioners, v. INTERSTATE COMMERCE COMMISSION, and the United States of America, Respondents, Mallinckrodt Specialty Chemicals Company, et al., National Small Shipments Traffic Conference, Inc., Health and Personal Care Distribution Conference, Inc., and National Industrial Transportation League, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1995.

Attorney(s) appearing for the Case

John R. Bagileo, argued the cause, for petitioners. With him on the briefs, was William W. Pugh.

Craig M. Keats, Associate Gen. Counsel, I.C.C., argued the cause, for respondents. With him on the brief were Henri F. Rush, Gen. Counsel, ICC, Anne K. Bingaman, Asst. Atty. Gen., John P. Fonte, and Robert B. Nicholson, Attys., U.S. Dept. of Justice. Judith A. Albert, Atty., I.C.C., entered an appearance.

On the joint brief of intervenors, were Daniel J. Sweeney for Mallinckrodt Specialty Chemicals Co., et al., Nicholas J. DiMichael, Richard D. Fortin, and Michael Kane, for National Indus. Transp. League.

Before EDWARDS, Chief Judge, GINSBURG and HENDERSON, Circuit Judges.

GINSBURG, Circuit Judge:

The National Motor Freight Traffic Association, Inc. and the National Classification Committee of the NMFTA petition for review of two orders of the Interstate Commerce Commission cancelling the petitioners' proposed "class rate" tariff. Because the ICC used a standard that is insupportable in light of other decisions it has made, we grant the petition for review and remand the matter to the Commission.

I. Background

A motor...

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