NATIONAL BUS TRAFFIC ASSOCIATION, Inc., and National Association of Motor Bus Owners, Plaintiffs,
v.
The UNITED STATES of America and the Interstate Commerce Commission, Defendants.
Airport Transport, Inc., Airline Transport, Inc., Airline Limousine, Inc., and Air Transport Association of America, Intervening Defendants.
United States District Court N. D. Illinois, E. D.https://leagle.com/images/logo.png
December 10, 1965.
December 10, 1965.
Attorney(s) appearing for the Case
Raymond H. Warns, Joseph P. Tuohy and Robert J. Bernard, Chicago, Ill., for plaintiffs, Robert J. Corber, Steptoe & Johnson, Drew L. Carraway, John S. Fessenden, of Rice, Carpenter & Carraway, Washington, D. C., of counsel.
Edward V. Hanrahan, U. S. Atty., Chicago, Ill., Donald F. Turner, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendant United States.
Robert W. Ginnane, Gen. Counsel, Interstate Commerce Commission, Leonard Goodman, Asst. Gen. Counsel, Washington, D. C., for defendant Interstate Commerce Commission.
Robert L. Stern, of Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., for intervenor, Air Transport Assn. of America, John E. Stephen, Russell S. Bernhard, of Macleay, Lynch, Channing & Bernhard, Washington, D. C., of counsel.
Daniel J. Sweeney of Belnap, Spencer, Hardy & Freeman, Chicago, Ill., for intervening defendants Airport Transport, Inc., Airline Transport, Inc., Airline Limousine, Inc., L. C. Major, Jr., and D. W. Markham, of Turney, Major, Markham & Sherfy, Washington, D. C., of counsel.
Before HASTINGS, Circuit Judge, and HOFFMAN and ROBSON, District Judges:
United States District Court N. D. Illinois, E. D.
ROBSON, District Judge:
Plaintiffs challenge the validity of the Interstate Commerce Commission's interpretation of the Interstate Commerce Act's proviso, 49 U.S.C. § 303(b) (7a), excepting from its coverage "the transportation of persons or property by motor vehicle when incidental to transportation by aircraft." The Commission in two rulings, MC-C-3437 on May 4, 1964, and MC-C-4000 on July 17, 1964, held that transportation...
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