The Guardian Moving & Storage Company, Inc. v. Interstate Commerce Commission and United States of America

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 for that contract, unsuccessfully contested Eastern’s ETA/TA application before the ICC, and now petitions for review.

Although Eastern’s interim…