Containerfreight Transportation Company v. Interstate Commerce Commission

651 F.2d 668 CONTAINERFREIGHT TRANSPORTATION COMPANY and AAA Transfer, Inc., Petitioners, v. INTERSTATE COMMERCE COMMISSION and the United States of America, Respondents, and Bass Transportation Co., Inc., and M. Nolden, Trustee, Osborne West Ltd., Intervening Respondents. No. 80-7178. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1981. Decided July 23, 1981. Daniel W. Baker, Handler, Baker, Greene & Taylor, San Francisco, Cal., Miles L. Kavaller, Mandel & Kavaller, Beverly Hills, Cal., for petitioners. H. Glenn Scammel, Gen. Counsel, Washington, D. C., Robert B. Nicholson, Washington, D. C., for respondents. Petition for Review of an Order of the Interstate Commerce Commission. Before GOODWIN and BOOCHEVER, Circuit Judges, and PALMIERI, * District Judge. PER CURIAM: 1 This is a proceeding to review an order of the Interstate Commerce Commission (ICC) as provided by 28 U.S.C. § 2321 (a) and § 2342(5). The factual background is substantially undisputed. On May 9, 1977, Osborne West Ltd. (OWL) secured authority as a motor common carrier for round-trip container transportation between west-coast ports and shippers in ten states. The…