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HEMPY v. PUBLIC UTILITIES COM.

Docket No. S.F. 20601.

56 Cal.2d 214 (1961)

363 P.2d 476

14 Cal. Rptr. 436

WALTER J. HEMPY, as Secretary of the Board of Trade of San Francisco, Petitioner, v. PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, Respondent.

Supreme Court of California. In Bank.

July 3, 1961.

Attorney(s) appearing for the Case

James M. Conners, Berol and Geernaert, Edward M. Berol, Bruce R. Geernaert and George M. Carr for Petitioner.

Leon E. Gold and Samuel S. Berman as Amici Curiae on behalf of Petitioner.

William M. Bennett, Chief Counsel, Roderick B. Cassidy, Assistant Chief Counsel, and Mary Moran Pajalich, Senior Counsel, for Respondent.

DOOLING, J.

This is a proceeding to review an order of the Public Utilities Commission which authorizes the transfer of certain highway operating rights upon condition that specified creditors of the transferring utilities be given preferential treatment in the payment of their claims.

Highway Transport, Inc. was a highway common carrier (Pub. Util. Code, § 213) and Highway Transport Express was an affiliated express corporation (Pub. Util. Code, §...

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