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BARRETT MOBILE HOME TRANSPORT, INC. v. I. C. C.

No. 76-1255.

567 F.2d 150 (1977)

BARRETT MOBILE HOME TRANSPORT, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Jesse Sherman, d/b/a Sherman Trailer Transportation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 1977.

Attorney(s) appearing for the Case

John R. Bagileo, Washington, D. C., with whom Donald E. Cross and Leo C. Franey, Washington, D. C., were on brief, for petitioner.

Carl E. Howe, Jr., Atty., I. C. C., Washington, D. C., with whom Arthur J. Cerra, Gen. Counsel, I. C. C., Charles H. White, Jr., Associate Gen. Counsel, I. C. C., and Carl D. Lawson, Atty., Department of Justice, Washington, D. C., were on the brief, for respondents. Samuel R. Simon, Atty., Dept. of Justice, Washington, D. C., for respondent United States of America.

Before TAMM, ROBINSON and ROBB, Circuit Judges.

Opinion Per Curiam.

PER CURIAM:

Jesse Sherman, doing business from Cheyenne, Wyoming, as Sherman Trailer Transportation, Inc., sought temporary authority pursuant to Section 210a of the Interstate Commerce Act1 to engage in the transportation of mobile homes in eight western states.2 Competing carriers protested, and the Motor Carrier Board of the Interstate Commerce Commission denied the request.

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