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OVERNITE TRANSPORTATION COMPANY v. UNITED STATES

Civ. A. No. 4171.

266 F.Supp. 88 (1967)

OVERNITE TRANSPORTATION COMPANY and National Motor Freight Traffic Association, Inc., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission, Defendants, and Toy Manufacturers of U. S. A., Intervening Defendant.

United States District Court E. D. Virginia, at Alexandria.

Decided February 20, 1967.

Attorney(s) appearing for the Case

Bryce Rea, Jr., and Edward W. Hummers, Jr., Washington, D. C. (Rea, Cross, Knebel & Kinnaird, Washington, D. C., on brief), for plaintiffs.

Raymond M. Zimmet, Atty., I. C. C., Washington, D. C., and John D. Schmidtlein, Asst. U. S. Atty., Alexandria, Va. (Robert W. Ginnane, Gen. Counsel, I. C. C., Donald F. Turner, Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., Howard E. Shapiro, Atty., Dept. of Justice, on brief), for defendants.

John F. Bohman, Gardner, Mass., and James J. Faris, Alexandria, Va., for intervening defendant.

Before BRYAN, Circuit Judge, and LEWIS and BUTZNER, District Judges.

ALBERT V. BRYAN, Circuit Judge:

The Interstate Commerce Commission on April 26, 1966 ordered the Overnite Transportation Company, a common carrier by motor vehicle, and National Motor Freight Traffic Association, Inc., an agency association of such carriers, to cancel a scheduled increase in the classification rating of stuffed animals, dolls and toys, in boxes, in less-than-truckload quantities (LTL). Overnite and National (carriers) now sue under 28 U.S.C. §...

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