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EPHRAIM FREIGHTWAYS, INC. v. PUBLIC UTILITIES COM'N

No. 18784.

347 P.2d 960 (1959)

EPHRAIM FREIGHTWAYS, INC., a corporation, Plaintiff in Error, v. PUBLIC UTILITIES COMMISSION OF STATE OF COLORADO and Ralph C. Horton, John Thompson and Joseph P. Nigro, the members thereof, and Rio Grande Motor Way, Inc., a corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

December 21, 1959.

Attorney(s) appearing for the Case

Akolt, Turnquist, Shepherd & Dick, G. M. Westa, Pauline Nelson, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Robert L. Nagel, Asst. Atty. Gen., for defendants in error Public Utilities Commission and members thereof.

T. A. White, Ernest Porter, Marion R. Smyser, Denver, for defendant in error Rio Grande Motor Way, Inc.

MOORE, Justice.

We will refer to plaintiff in error as applicant and to defendants in error as the Commission or Motor Way.

Applicant is the owner of a permit issued by the Commission under which it carries on a contract, or private carrier, business. The said permit authorizes:

"Transportation of freight from and to Denver, Pueblo, and Colorado Springs, to and from Grand Junction, via U. S. Highways Nos. 85, 285, 24, 50, and 40, and Colorado Highway...

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