Overnite Transportation Co. v. United States

ALBERT V. BRYAN, Circuit Judge:

The Interstate Commerce Commission on April 26, 1966 ordered the Overnite Transportation Company, a common carrier by motor vehicle, and National Motor Freight Traffic Association, Inc., an agency association of such carriers, to cancel a scheduled increase in the classification rating of stuffed animals, dolls and toys, in boxes, in less-than-truckload quantities (LTL). Overnite and National (carriers) now sue under 28 U.S.C. §§ 1336(a), 1398(a) and 2321-2323 to set aside the order.1 The Commission and the United States answered, as did a shipper-intervenor. We…