Homer White, Inc. v. United States

FEINBERG, Circuit Judge:

This is an action to set aside an order of the Interstate Commerce Commission, which denied two applications of plaintiff Homer White, Inc., one pursuant to section 206(a) (7) (A) of the Interstate Commerce Act, 49 U.S.C. § 306(a) (7) (A), for a “grandfather” certificate of registration authorizing plaintiff to continue operating in interstate and foreign commerce, and the other for an initial certificate of interstate and foreign commerce motor carrier operating authority under section 207 of the Act, 49 U.S.C. § 307. For reasons given below, we deny the relief sought.