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IN RE SUPERIOR SERVICE COMPANY

No. 7751.

94 N.W.2d 84 (1958)

Matter of SUPERIOR SERVICE COMPANY, Inc., Minot, North Dakota. SUPERIOR SERVICE COMPANY, Inc., a corporation, Appellant and Respondent, v. Ernest D. NELSON, Anson Anderson and Martin Vaaler, as members of the Public Service Commission of the State of North Dakota, Respondents, Great Northern Railway Company, Soo Line Railroad, Midwest Motor Express, Inc. Buckingham Transportation Company, Hart Motor Express, Inc., Fargo Freight Terminal, Mort Bertelson, and Glendenning Motorways, Inc., Intervenors, and Glendenning Motorways, Inc., Intervenor and Appellant.

Supreme Court of North Dakota.

Rehearing Denied January 12, 1959.

Attorney(s) appearing for the Case

Palda, Palda & Peterson, Minot, for Superior Service Co.

Gerald G. Glaser, Commerce Counsel, Bismarck, for Public Service Commission.

Nilles, Oehlert & Nilles, Fargo, for Great Northern Ry. Co. and Soo Line R.R.

Strutz, Jansonius & Fleck, Bismarck, for Midwest Motor Express, Inc.

Alan Foss, Fargo, for Buckingham Transp. Co.

R. W. Wheeler, Bismarck, for Hart Motor Express, Inc.

E. J. McIlraith, Minot, for Mort Bertelson.

Conmy & Donahue, Bismarck, for Glendenning Motorways, Inc.

SATHRE, Judge.

On April 13, 1948, the Public Service Commission, upon a showing of convenience and necessity, issued to I. R. Dunnell a special common motor carrier certificate No. 589. In January 1954 the trucking company operated by I. R. Dunnell was incorporated under the name of Superior Service Company. Special common motor carrier certificate No. 589 was transferred to Superior Service Company, Inc., and I. R. Dunnell became its president and general manager...

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