U.S. Court of Appeals for the Fifth Circuit, 1984

American Trucking Ass'n v. Interstate Commerce Commission

U.S. Court of Appeals for the Fifth Circuit · Decided March 14, 1984

728 F.2d 254 (Federal Reporter, Second Series)

Counsel

William French Smith, Atty. Gen., Mark Evans, Gen. Counsel, Robert J. Grady, I.C.C., Kenneth P. Kolson, Robert B. Nicholson, App. Sec., Antitrust Div., Dept. of Justice, Washington, D.C., for respondents., Serby & Mitchell, P.C., Alan E. Serby, Atlanta, Ga., for Brannan, Owen, Refrigerated., Brooks & Matthews, Hugh T. Matthews, Dallas, Tex., for Steere., Perry, Crockett, Morrison & Starling, Donald B. Morrisson, Jackson, Miss., for Merchants., Kenneth E. Siegel, Washington, D.C., for American and Red Arrow, Merchants Truck and Steere., Robinson, Felts, Starnes & Latting, P.C., Phillip Robinson, Austin, Tex., for Central, Great Western, Miller, and SAIA., Phinney, Hallman, Pulley & Coke, Leroy Hallman, Dallas, Tex., for Frozen, Southwestern., Alan F. Wohlstetter, Stanley I. Goldman, Washington, D.C., for Aero Mayflower et al., James M. Doherty, Austin, Tex., for Rose Truck Line et al., Eugene C. Ewald, Bloomfield Hills, Mich., for Nat. Auto. Transporters., Dennis Dean Kirk, Washington, D.C., for Specialized Carriers., Angelo V. Arcadipane, Washington, D.C., for North American Van Lines, Inc.

Cases that cite this one

3 later published cases cite this decision.

Dennis E. Whitfield, Deputy Secretary of United States Department of Labor v. Roland R. Pennington, Jr. (5th Cir. 1987)
United States v. Masselli (District Court, S.D. New York 1986)
American Trucking Associations, Inc. v. Interstate Commerce Commission and United States of America (5th Cir. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BY THE COURT:

Civil contempt is coercive rather than punitive. It is intended to make a recalcitrant party comply with an affirmative command of the court. Jones v. Louisiana State Bar Association, 602 F.2d 94 (5th Cir. 1979). The petitioner has not made a sufficient showing that such coercion is now appropriate, particularly in view of the ICC’s response dated March 7. Therefore, both of the motions to cite for contempt are DENIED without prejudice to a similar motion should the ICC fail to issue final rules by April 10, 1984.

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