CLARK & REID CO., INC. v. UNITED STATES

No. 86-1062.

804 F.2d 3 (1986)

CLARK & REID COMPANY, INC. and Household Goods Carriers' Bureau, Inc., Petitioners, v. UNITED STATES of America and Interstate Commerce Commission, Respondents. National Small Shipments Traffic Conference, Inc. and Drug and Toilet Preparation Traffic Conference, Inc., et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided October 30, 1986.


Attorney(s) appearing for the Case

Thomas M. Auchincloss, Jr. with whom Leo C. Franey and Rea, Cross & Auchincloss, were on brief for petitioners.

John P. Fonte for U.S. and Laurence H. Schecker for I.C.C. with whom Robert B. Nicholson, Dept. of Justice, Douglas H. Ginsburg, Asst. Atty. Gen., Robert S. Burk, Gen. Counsel, and John J. McCarthy, Jr., Deputy Associate Gen. Counsel, were on joint brief for respondents.

Elliott Bunce with whom John W. McFadden, Jr., Kevin Williams and Rice, Carpenter and Carraway were on brief for intervenors The Eastern Cent. Motor Carriers Ass'n, Inc., Middle Atlantic Conference, and Regular Common Carrier Conference.

Daniel J. Sweeney and McCarthy, Sweeney & Harkaway, P.C. on brief for intervenors National Small Shipments Traffic Conference, Inc. and Drug and Toilet Preparation Traffic Conference, Inc.

Before BOWNES and TORRUELLA, Circuit Judges, and CARTER, District Judge.


BOWNES, Circuit Judge.

The Household Goods Carriers' Bureau (HGCB), and the Clark & Reid Company, Inc. (Clark & Reid), a member of HGCB, petition for review of an Interstate Commerce Commission (ICC) decision ordering the cancellation of tariff schedules proposed by HGCB. The ICC determined that the proposed rate changes violated statutory prohibitions on collective rate making. Because we conclude that Clark & Reid does not have standing to appeal the...

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