Legal Opinion

Southern Motor Carriers Rate Conference v. United States of America and Interstate Commerce Commission

Court of Appeals for the Eleventh Circuit

Decided October 18, 1985No. 84-8499PublishedCited by 20 opinions

1Opinion of the Court

ATKINS, District Judge:

Petitioners, Southern Motor Carriers Rate Conference, et al. (SMCRC), seek review of a final order of the Interstate Commerce Commission (ICC) promulgating general rules relieving all motor carriers of property and all freight forwarders of the statutory requirement that their tariffs be filed at least 30 days before they become effective. SMCRC urge that such rules (a) exceed the statutory authority of the ICC, and (b) are arbitrary and capricious.

SMCRC contend that the rules promulgated will deprive interested persons of their statutory right to file protests against…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  3. Trans Alaska Pipeline Rate CasesSupreme Court of the United States · 1978
  4. Federal Communications Commission v. WNCN Listeners GuildSupreme Court of the United States · 1981
  5. Southern Railway Co. v. Seaboard Allied Milling Corp.Supreme Court of the United States · 1979

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3Cited by20 opinions

  1. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  2. Delta Traffic Service, Inc. v. Transtop, IncorporatedCourt of Appeals for the First Circuit · 1990
  3. United States v. JenksCourt of Appeals for the Tenth Circuit · 1994
  4. Tallahassee Memorial Regional Medical Center v. BowenCourt of Appeals for the Eleventh Circuit · 1987
  5. Mary E. SHOEMAKER, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1988

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