National Classification Committee and National Motor Freight Traffic Association, Inc. v. United States of America and Interstate Commerce Commission

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge.

This is the third in a series of petitions to this court relating to the question of whether petitioners, the National Classification Committee (“NCC”) and the National Motor Freight Traffic Association, Inc. (“NMFTA”) may include charges in their freight classification tariff, the National Motor Freight Classification (“NMFC”). This latest petition is from the Interstate Commerce Commission’s summary denial of petitioners’ application to amend the provisions of their rate bureau agreement to include authority to formulate…