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SOUTHERN MOTOR CARRIERS RATE CONFERENCE v. U. S.

Nos. 79-3856, 80-7170.

676 F.2d 1374 (1982)

SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. BURLINGTON NORTHERN INC., et al., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents

United States Court of Appeals, Eleventh Circuit.

May 28, 1982.

Attorney(s) appearing for the Case

Rea, Cross & Auchincloss, Patrick McEligot, Washington, D. C., for Southern Motor Carriers Rate Conference, et al.

James E. Sykes, Chicago, Ill., for Burlington Northern.

Harry McCall, Robert S. Rooth, New Orleans, La., Albert B. Russ, Jacksonville, Fla., for intervenors Aberdeen and Rockfish R. Co., et al.

Robert B. Nicholson, Dept. of Justice, Evelyn G. Kitay, I.C.C., Washington, D. C., Wayne M. Senville, I.C.C., Philadelphia, Pa., for respondents.

Before GODBOLD, Chief Judge, TJOFLAT and VANCE, Circuit Judges.

(ON PETITIONS FOR REHEARING AND PETITIONS FOR REHEARING EN BANC)

GODBOLD, Chief Judge:

The respondents correctly point out that our opinion spoke too broadly in speaking of the necessity for "formal hearing procedures."i Rather our concern was whether § 10762(e) of The Interstate Commerce Act authorizes the Commission to reject or strike an effective tariff using the Tariff Integrity Board procedures. We hold that the Commission...

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