ONEIDA MOTOR FREIGHT, INC. v. INTERSTATE COMMERCE COM'N

No. 93-1026.

45 F.3d 503 (1995)

ONEIDA MOTOR FREIGHT, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION; United States of America, Respondents, National Motor Freight Traffic Association; Georgia-Pacific Corporation; International Brotherhood of Teamsters; National Industrial Transportation League; Chattanooga Gas Company; National Small Shipments Traffic Conference, Inc.; Health and Personal Care Distribution Conference, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1995.


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.

Henri F. Rush, General Counsel, Interstate Commerce Commission, Washington, DC, argued the cause for respondents. With him on the brief were Ellen D. Hanson, Deputy General Counsel and Judith A. Albert, Atty., Interstate Commerce Commission, Anne K. Bingaman, Asst. Atty. Gen., Robert B. Nicholson and John P. Fonte, Attorneys, U.S. Dept. of Justice, Washington, DC.

Betty Jo Christian, Washington, DC, argued the cause for intervenors Georgia-Pacific Corp., et al. With her on the joint brief was David H. Coburn, Washington, DC.

Marc J. Fink, Torbjorn B. Sjogren and John R. Bagileo, Washington, DC, were on the joint brief for intervenors International Brotherhood of Teamsters and National Motor Freight Traffic Ass'n. Kevin M. Williams, Washington, DC, entered an appearance for intervenor National Motor Freight Traffic Ass'n.

Richard D. Fortin and Nicholas J. DiMichael, Washington, DC, entered appearances for intervenor National Industrial Transp. League. Kevin M. Downey, Jacolyn A. Simmons and John E. Holtzinger, Jr., Washington, DC, entered appearances for intervenor Chattanooga Gas Company. John M. Cutler, Jr., and Daniel J. Sweeney, Washington, DC, entered appearances for intervenors National Small Shipments Traffic Conference, Inc. and Health and Personal Care Distribution Conference, Inc.

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


Opinion for the Court filed PER CURIAM.

PER CURIAM:

Petitioner Oneida Motor Freight, Inc. ("Oneida") seeks review of three orders of the Interstate Commerce Commission ("ICC" or "Commission"). Oneida contends that the standard employed by the ICC to find petitioner's filed rate unreasonably high was inconsistent with the dictates of the Interstate Commerce Act ("ICA" or "Act"). Oneida further argues that even if the ICC properly invalidated the filed rate...

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