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PETROLEUM TRANSIT CORP. OF VIRGINIA v. COMMONWEALTH

119 S.E.2d 494 (1961)

202 Va. 716

PETROLEUM TRANSIT CORPORATION OF VIRGINIA v. COMMONWEALTH of Virginia, ex rel., etc. OIL TRANSPORT, INCORPORATED, v. Rudolph D. STEWART.

Supreme Court of Appeals of Virginia.

April 24, 1961.

Attorney(s) appearing for the Case

Calvin F. Major, William M. Blackwell, Richmond (John C. Goddin, Shewmake, Gary, Goddin & Blackwell, Richmond, on brief), for appellant Petroleum Transit Corp. of Va.

Edward L. Breeden, Jr., Edward L. Breeden, III, Breeden, Howard & MacMillan, Norfolk, for appellant Oil Transport, Inc.

Gordon F. Marsh, Portsmouth, for appellees.

Robert T. Barton, Jr., Christian, Barton, Parker & Boyd, Richmond, for Virginia Tank Truck Carriers Ass'n, amicus curiae.

Before EGGLESTON, C. J., and BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

BUCHANAN, Justice.

Rudolph D. Stewart and Reliable Transport of Virginia, Incorporated, on January 23, 1960, filed their application to the State Corporation Commission seeking its approval of the transfer by Stewart to Reliable of a certificate of public convenience and necessity as a petroleum tank truck carrier, owned by Stewart and issued to him by the Commission on September 15, 1952, under the provisions of Chapter 12.2 of Title 56 of the Code.

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