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HOWARD SOBER, INC. v. I. C. C.

No. 78-1798.

628 F.2d 36 (1980)

HOWARD SOBER, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents, Nationwide Auto Transporters, Inc., Aaacon Auto Transport, Inc., Auto Driveaway Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1980.

Rehearing Denied March 6, 1980.

Attorney(s) appearing for the Case

Richard A. Kerwin, Chicago, Ill., with whom Albert F. Beasley, Washington, D.C. and Robert G. Jorgensen, Chicago, Ill., were on brief, for petitioner.

H. Glenn Scammel, Atty., I. C. C., Washington, D.C., with whom Mark L. Evans, Gen. Counsel, and Kenneth G. Caplan, Deputy Associate Gen. Counsel, I. C. C., Washington, D.C., were on brief, for respondents.

Daniel B. Johnson, Washington, D.C., for intervenor Auto Driveaway Co.

Ronald N. Cobert, Robert L. Cope, Washington, D.C. and Harold G. Hernly, Jr., Alexandria, Va., were on brief, for intervenor Nationwide Auto Transporters, Inc.

Ralph J. Zola, New York City, was on brief, for intervenor Aaacon Auto Transport, Inc.

Robert D. Jones and David Popowski, Counsel, I.C.C., Washington, D.C., for respondent I.C.C.

Robert B. Nicholson and Ron M. Landsman, Attys., Dept. of Justice, Washington, D.C., for respondent United States of America.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and MIKVA, Circuit Judges.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

This case arose because the Interstate Commerce Commission committed a clerical error. Howard Sober, Inc. (Sober), the petitioner here, seeks review of the Commission's order that corrected the error by restricting its certificate of public convenience and necessity to exclude secondary movements in driveaway service.1 We agree with the Commission that it...

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