UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
February 14, 1977
AAACON AUTO TRANSPORT, INC.
INTERSTATE COMMERCE COMMISSION AND INTERSTATE COMMERCE COMMISSION, ET AL.
Before MANSFIELD and VAN GRAAFEILAND, Circuit Judges, and OWEN, District Judge.
A petition for review of an order of the Intereste Commerce Commission.
This cause came to be heard on a certified list of items comprising the record of the Interstate Commerce Commission and was argued by counsel,
On consideration thereof, it is now hereby ordered, adjudged, and decreed that the petition for review be and it hereby is dismissed. The Commission's findings that the petitioner was engaged in unjust and unreasonable practices relating to "driveway" automobile transportation services, violating §§ 20(11), 216(b) and 219 of the Interstate Commerce Act, are supported by substantial evidence, see Interstate Commerce Commission v. U.P.R.R. Co., 222 U.S. 541, 547 (1912); Penn-Central Merger Cases, 389 U.S. 486, 499 (1968), and its interpretation of the restriction contained in petitioner's certificate, prohibiting transportation of traffic to automobile dealers, is rationally based and not arbitrary, capricious or clearly erroneous. Service Transfer Co. v. Virginia, 359 U.S. 171, 177-78 (1959). The denial of the application of Auto Trips USA, Inc., for a freight forwarder permit was proper. We find no merit in petitioner's other contentions, including its attack upon the Commission's application of sanctions and upon the scope of its order.
It is further ordered that costs shall be taxed against the petitioner.
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