American Trucking Association, Inc. v. United States of America, and Interstate Commerce Commission

744 F.2d 754, 1984 U.S. App. LEXIS 17594

• Court: Court of Appeals for the Eleventh Circuit
• Decided: October 18, 1984
• Docket: 80-7674
• Status: Published

Opinion

PER CURIAM:

The Supreme Court of the United States granted certiorari in this case on the sole issue of whether the Interstate Commerce Commission has authority to reject effective tariffs that have been submitted in substantial violation of rate bureau agreements. On that sole issue before it the Supreme Court, — U.S. -, 104 S.Ct. 2458, 81 L.Ed.2d 282 (1984), reversed the judgment of this court, 688 F.2d 1337 (11th Cir.), entered October 12, 1982.

Pursuant to the mandate of the Supreme Court issued June 5, 1984, the judgment of this court entered October 12, 1982 is VACATED with respect to the authority of the Interstate Commerce Commission to reject effective tariffs that have been submitted in substantial violation of rate bureau agreements. On that issue the decision of the Commission is AFFIRMED. In all other respects the judgment of this court entered October 12,1982 remains in full force and effect.