APPLICATION OF HVIDSTEN

No. 7387.

72 N.W.2d 524 (1955)

Application of Carl M. HVIDSTEN, doing business as Hvidsten Transport, Grafton, North Dakota Transport, Inc., Moorhead, Minnesota, Dan Dugan, doing business as Dugan Oil and Transport Company, Sioux Falls, South Dakota; Lester A. Wilsey, doing business as Indianhead Truck Line, St. Paul, Minnesota; and all other persons similarly situated and adversely affected, relative to Special Certificate No. 175, praying for the setting aside of the Findings of Fact, Conclusions, and Order and the Amended Findings of Fact, Conclusions, and Order in Case No. S-874, and the Findings of Fact and Conclusions and Order in Case No. S-1142, and for a Cease and Desist Order thereunder. Ernest D. NELSON, Elmer W. Cart, and E. H. Brant, as members of the Public Service Commission of the State of North Dakato, and E. G. Balsam, L. W. Balsam, S. F. De France, and V. L. De France, a partnership, doing business as Balsam & De France, Appellants, v. Carl M. HVIDSTEN, doing business as Hvidsten Transport; Transport, Inc., a corporation, Dan Dugan, doing business as Dugan Oil & Transport Company, Lester A. Wilsey, doing business as Indianhead Truck Line; Great Northern Railway Company, a corporation, Northern Pacific Railway Company, a corporation; Chicago, Milwaukee, St. Paul & Pacific Railroad Company, a corporation; and Minneapolis, St. Paul & Sault Ste. Marie Railroad Company, a corporation, Respondents.

Supreme Court of North Dakota.

Rehearing Denied October 26, 1955.


Attorney(s) appearing for the Case

Johnson & Rausch, Bismarck, for appellants Balsam & De France.

R. W. Wheeler, Commerce Counsel, Bismarck, for appellant Public Service Commission.

Alan Foss, Fargo, for respondent Hvidsten Transport.

Clifford Jansonius, Bismarck, for respondent Transport, Inc.

John S. Whittlesey, Fargo, for respondent Dan Dugan Oil & Transport.

Myron H. Bright, Fargo, for respondent Indianhead Truck Line.

Herbert G. Nilles, Fargo, for respondents Great Northern Ry., Northern Pac. Ry., Chicago, M., St. P. & P. Ry. Co. and Minneapolis, St. P. & S. S. M. R. Co.


SATHRE, Judge.

The certified record on this appeal is lengthy, but the facts necessary to a determination of the issues presented are substantially as follows: On February 7, 1934 the Board of Railroad Commissioners (now Public Service Commission) of the State of North Dakota issued to the Northern Truck Line of Williston, North Dakota Special Certificate No. 175 authorizing the transportation of property in intra-state commerce in the vicinity of Williston, North...

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