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PUBLIC UTILITIES COMMISSION v. VERL HARVEY, INC.

No. 19698.

371 P.2d 452 (1962)

PUBLIC UTILITIES COMMISSION of the State of Colorado; Watson, Inc., a Colorado Corporation; and Harold E. Watson, Jr., Plaintiffs in Error, v. VERL HARVEY, INC., a Colorado corporation, d/b/a Don Ward & Co.; The Colorado and Southern Railway Company, a corporation; The Atchison, Topeka and Santa Fe Railway Company, a corporation; The Denver and Rio Grande Western Railroad Company, a corporation; and Union Pacific Railroad Company, a corporation, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 28, 1962.

Second Petition for Rehearing Denied June 11, 1962.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John J. Conway, Asst. Atty. Gen., Denver, for plaintiff in error, Public Utilities Comm. of the State of Colorado.

E. B. Evans, Denver, for plaintiffs in error, Watson, Inc. and Harold E. Watson, Jr.

Grant, Shafroth, Toll & McHendrie, Charles H. Haines, Jr., T. A. White, Clayton D. Knowles, John C. Street, Willard M. Peck, Denver, for defendants in error.

HALL, Justice.

Herein we refer to the plaintiffs in error as follows: Public Utilities Commission of the State of Colorado, as the "Commission"; Watson, Inc. and Harold E. Watson, Jr., as "Watson." We refer to defendants in error as "Respondents," or by name.

From the record before us it appears that: On September 29, 1930, the commission issued to Harry Matteson Trucking Service PUC Certificate No. 498. This certificate granted authority to conduct:

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