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GUARDIAN MOVING & STORAGE CO., INC. v. I.C.C.

No. 91-1259.

952 F.2d 1428 (1992)

The GUARDIAN MOVING & STORAGE COMPANY, INC., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Robert J. Brooks, Washington, D.C., for petitioner.

Theodore K. Kalick, Atty., I.C.C., with whom Robert S. Burk, Gen. Counsel, and Ellen D. Hanson, Sr. Associate Gen. Counsel, I.C.C., and James F. Rill, Asst. Atty. Gen., and Robert B. Nicholson and John P. Fonte, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Before MIKVA, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The Interstate Commerce Commission (the "ICC" or "Commission") granted emergency temporary authority ("ETA") and then temporary authority ("TA") to a motor carrier, Eastern Moving & Storage Co., Inc. ("Eastern"), thus enabling Eastern to obtain a Department of Defense ("DOD") carriage contract. The Guardian Moving & Storage Company, Inc. ("Guardian"), a competitor...

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