ALL ISLAND DELIVERY SERVICE, INC., FEUER TRANSPORTATION, INC., JOHN A. JUNGERMAN SON, INC., PINTER BROS., INC., TROIANO EXPRESS CO., INC., PETITIONERS,
v.
UNITED STATES OF AMERICA AND INTERSTATE COMMERCE COMMISSION, RESPONDENTS. DRUG AND TOILET PREPARATION TRAFFIC CONFERENCE, EASTERN INDUSTRIAL TRAFFIC LEAGUE, NATIONAL SMALL SHIPMENTS TRAFFIC CONFERENCE, INC., NATIONAL INDUSTRIAL TRAFFIC LEAGUE, INTERVENORS

4th Cir. | 1977-11-22
No. 76-1426
565 F.2d 290 United States Court of Appeals for the Fourth Circuit (1977)

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Holding

The court affirmed the Interstate Commerce Commission's order withdrawing antitrust immunity from rate bureaus protesting independent action proposals, finding it a proper exercise of commerce clause power and not a violation of First Amendment rights.


Facts & Procedural History

The Interstate Commerce Commission withdrew antitrust immunity from rate bureaus protesting independent action proposals of member carriers. Motor car…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

We granted the motor carriers’ petition for rehearing to reconsider our decision upholding an order of the Interstate Commerce Commission in Ex Parte 297, Rate Bureau Investigation that withdrew antitrust immunity from rate bureaus protesting independent action proposals of member carriers. Upon consideration of the briefs and oral argument, Judge Butzner and Judge Hall affirm the commission’s order for the reasons stated by Mr. Justice Clark in the opinion that he wrote for the original panel of the court. Motor Carriers Traffic Association, Inc. v. United States, 559 F. 2d 1251, 1254-55 (4th Cir. 1977).

Additionally, Judge Butzner and Judge Hall hold that the commission’s order did not violate the carriers’ first amendment rights. The order is a proper exercise of the power that the commerce clause confers on Congress and the commission to prohibit anticompetitive conduct. Cf. California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508, 92 S.Ct. 609, 30 L.Ed.2d 642 (1972).

WIDENER, Circuit Judge, dissents for the reasons he previously stated. See Motor Carriers Traffic Association v. United States, supra, 559 F. 2d at 1256-57.


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