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REGULAR COMMON CARRIER CONFERENCE v. UNITED STATES

Civ. A. No. 2015-68.

307 F.Supp. 941 (1969)

REGULAR COMMON CARRIER CONFERENCE et al., Plaintiffs, v. UNITED STATES of America and Interstate Commerce Commission et al., Defendants.

United States District Court District of Columbia.

November 18, 1969.

Attorney(s) appearing for the Case

John S. Fessenden, Roland Rice, Richard R. Sigmon, Rice, Carpenter & Carraway, R. Edwin Brady, Albert B. Rosenbaum, Harold G. Hernly, Sr., Washington, D. C., John A. Vuono, William J. Lavelle, Pittsburgh, Pa., for plaintiffs.

Harold P. Boss, Washington, D. C., Russell & Schureman, Los Angeles, Cal., and Rhodes & Simms, Washington, D. C., for intervenor Western Gillete, Inc.

Robert B. Hankins, J. Laurent Scharff and Pierson, Ball & Dowd, Washington, D. C., for intervenors Southwest Freight Lines, Inc. and Direct Transports, Inc.

J. M. Neath, Jr., Warner, Norcross & Judd, Grand Rapids, Mich., for intervenor Interstate Motor Freight System.

Richard W. McLaren, Asst. Atty. Gen., David G. Bress, U. S. Atty., John H. D. Wigger, W. Richard Haddad, Washington, D. C., for Department of Justice.

Robert W. Ginnane, Gen. Counsel, Philip W. Getts, Washington, D. C., for Interstate Commerce Commission.

Before MILLER, Senior Circuit Judge, TAMM, Circuit Judge, and PRATT, District Judge.

PRATT, District Judge:

This action was filed pursuant to 28 U.S.C. § 1336 (1964) to review the decision of the Interstate Commerce Commission removing "truckload lot" restrictions from all outstanding certificates bearing such restrictions. The gravamen of the complaint is that the decision of the Commission was reached in a rule making, rather than an adjudicatory, proceeding. Removal of Truckload Lot Restrictions, 106 M.C.C. 455 (1968). A statutory three-judge...

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