Charles Evans Whittaker

“ If the Board has power, when thus directed by the judgment of a reviewing court, to revise, modify or vacate its erroneous decision and its resulting certificate, even though 'effective,' why should the result be different if the Board, without such judicial direction, notes its error, grants the timely filed and pending motion for reconsideration, and accordingly revises its decision and the resulting certificate? ”

“ And when that 'proposed decision' thus fell, the certificate which it authorized, and which had been permitted to become temporarily 'effective,' necessarily fell with it, as it was always subject to the results of that motion.
It is not to be gainsaid that the practice, sometimes, as here, followed by the Board, of permitting route certificates to become 'effective' while nonfrivolous motions for rehearing or reconsideration are pending undetermined, [7] is perilous business and only rarely, if ever, is justified. ”

“ It seems necessarily true, and is well settled by the cases, that 'Where a motion for rehearing is in fact filed there is no final action until the rehearing is denied * * * (for) there is always a possibility that the order complained of will be modified in a way which renders judicial review unnecessary,' Outland v. ”