The opinion of the court was delivered by: FORMAN
Plaintiff, Suburban Transit Corp. (Suburban), sought authority from the Interstate Commerce Commission (Commission) to extend its operations between points in the vicinity of Metuchen, New Jersey to New York City, more particularly hereinafter described, for the purpose of transporting passengers by motor bus. Public Service Coordinated Transport (PSCT) similarly sought to extend its routes between the same area in New Jersey and New York City. Somerset Bus Company, Inc. (Somerset) sought like authority. The applications ran a checkered course in the Commission. First, Joint Board No. 119 recommended that the petition of Suburban be granted. Then this action was reconsidered before Division One and it agreed that authority should be granted to PSCT. Finally, on April 10, 1962, the entire Commission reviewed the several petitions and granted the authority requested by Somerset.
Suburban and PSCT then petitioned the Commission to reopen the record and accord them a rehearing. These petitions were denied by the Commission on September 5, 1962.
Thereupon Suburban brought this action in which it seeks to annul and suspend the order of the Commission dated April 10, 1962, in which its applications and that of PSCT were denied and the application of Somerset was granted. Suburban also seeks to set aside the order of the Commission of September 5, 1962, denying the application of Suburban and PSCT to reopen the record and for further hearings. It alleged that the orders of the Commission were 'arbitrary and capricious in that they denied opportunity for hearings and granted the Somerset application without affording plaintiff a current day in court."
A chronology of the significant events leading to this suit is:
December 29, 1958 -- Applications filed by Suburban for route extensions as a common carrier by motor vehicle of passengers and their baggage and of express and newspapers in the same vehicle with passengers between Metuchen and South Plainfield (hereinafter called the Spur Route); between South Plainfield and Carteret (hereinafter called the Oak Tree Route) and for another route between South Plainfield and Carteret (hereinafter called the Inman Avenue Route), all being extensions of Suburban's existing New York operation.
January 29, 1959 -- Application filed by PSCT for like type extensions over the Inman Avenue Route and the Oak Tree Route.
February 4, 1959 -- Application filed by Somerset for the same routes as PSCT with slight extensions.
September 22-25, 29-30, 1959 -- All applications were consolidated for hearing and were heard by Joint Board No. 119.
May 9, 1960 -- Joint Board No. 119 filed its report and found that only the Oak Tree Route and the Spur Route were necessary; that only one carrier was needed to serve those routes and that of the three applicants, Suburban was the best choice and recommended the filing of an order to that effect.
August 1, 1960 -- Exceptions were filed to the report and recommended order by Somerset, PSCT and the Pennsylvania Railroad Company.
February 10, 1961 -- The Temporary Authority Board of the Commission granted Suburban temporary authority to operate over the routes recommended by Joint Board No. 119.
June 2, 1961 -- Division One of the Commission filed a report and order in which it found necessity for the Oak Tree and Inman Avenue Routes, but not for the Spur Route that had been granted Suburban by Joint Board No. 119. It also found that only one carrier was essential and that PSCT was best suited.
August 18, 1961 -- Somerset filed its petition for reconsideration ...