BEKINS VAN & STORAGE CO. v. STATE CORPORATION COM'N

No. 6509.

338 P.2d 1055 (1959)

65 N.M. 423

BEKINS VAN & STORAGE CO., INC., a Corporation, and Alfredo Gonzales, an Individual, Plaintiffs-Appellees, v. STATE CORPORATION COMMISSION OF NEW MEXICO, and John Block, Jr., James F. Lamb and Ingram B. Pickett, Members of said Commission, Defendants-Appellants, Charles R. Wilson and John R. Wilson, partners, d/b/a Wilson Transfer & Storage Company; C. J. Hogue and Earnest K. Lacy, partners, d/b/a Albuquerque Moving and Storage Co.; Dalton Transfer and Storage Co., Inc., a Corporation; Robert E. Waterman and E. E. Higginbotham, partners, d/b/a Los Alamos Transfer; Southwest Moving and Storage Company, a Corporation; M. B. Bennett, d/b/a Bennett's Transportation Company; J. Clell Miller, d/b/a Miller Van Lines and Santa Fe Storage and Transfer Co., a Corporation, Intervenors-Appellants.

Supreme Court of New Mexico.

Rehearing Denied May 25, 1959.


Attorney(s) appearing for the Case

Fred M. Standley, Atty. Gen., Joel B. Burr, Jr., Asst. Atty. Gen., for appellants.

O. Russell Jones, Jack Smith, Santa Fe, for intervenors.

Modrall, Seymour, Sperling, Roehl & Harriss, Leland S. Sedberry, Jr., Albuquerque, Donovan N. Hoover, Santa Fe, for appellees.


SADLER, Justice.

The appellants, being the defendants and intervenors below, complain of the action of the district court of Santa Fe County, in deciding to vacate an order of State Corporation Commission, made October 3, 1957, withholding approval of an application to transfer to Bekins Van & Storage Co., Inc. that portion of the operations described in Certificate of Public Convenience and Necessity No. 739 in the name of Alfredo Gonzales, authorizing "the transportation...

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