CHEMICAL TANK LINES, INC. v. PA. P.U.C.


193 Pa.Super. 607 (1960)

Chemical Tank Lines, Inc. et al., Appellants, v. Pennsylvania Public Utility Commission.

Superior Court of Pennsylvania.

November 16, 1960.


Attorney(s) appearing for the Case

Paul F. Barnes and Robert H. Shertz, with them Shertz, Barnes & Shertz, for applicants, appellants.

Frederick L. Kiger, for applicant, appellant.

Miles Warner, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Robert J. Stewart, Harry H. Frank, and Christian V. Graf, with them Richard H. Rea, and Anderson & Stewart, and McNees, Wallace & Nurick, for protestant motor carriers, intervening appellees.

Carl Helmetag, Jr., with him Richard E. Costello, Lockwood W. Fogg, Jr., Malcolm R. Warnock, James N. Mullen, and Harris J. Latta, for railroads, intervening appellees.

Robert R. Wertz, for cement producer, interested party, under Rule 46.

J.H. Ward Hinkson, for cement producer, interested party, under Rule 46.

George G. Chandler, with him John F. Headly, and Montgomery, McCracken, Walker & Rhoads, for cement producer, interested party, under Rule 46.

Bernard Eskin, and Wolf, Block, Schorr and Solis-Cohen, for cement producer, interested party, submitted a brief, under Rule 46.

Thomas E. Weaver, and Weaver & Weaver, for cement producer, interested party, submitted a brief, under Rule 46.

George F. Coffin, for cement producer, interested party, submitted a brief, under Rule 46.

Walter J. Symons, for cement producer, interested party, submitted a brief, under Rule 46.

Louis M. Stamberg, and Morris Gerber, for cement producer, interested party, submitted a brief, under Rule 46.

Ernest Scott, and Pepper, Hamilton & Scheetz, for cement producer, interested party, submitted a brief, under Rule 46.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.


OPINION BY RHODES, P.J., November 16, 1960:

These appeals are from the order of the Pennsylvania Public Utility Commission dated April 4, 1960, refusing and dismissing the applications of four common carriers, Chemical Tank Lines, Inc., Top Transport, Inc., E. Brooke Matlack, Inc., and Modern Transfer Co., Inc., inter alia, and one contract carrier, Schwerman Company of Pennsylvania, Inc., seeking authority to transport cement in bulk and in bags by motor truck from...

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