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BENNETT v. STATE CORPORATION COMMISSION

No. 7258.

385 P.2d 978 (1963)

73 N.M. 126

E.S. BENNETT, as Executor under the Last Will and Testament of M.B. Bennett, Deceased, d/b/a Bennett's Transportation Company, Plaintiff-Appellant, v. STATE CORPORATION COMMISSION, Ingram B. Pickett, JOHN Block, Jr., and G.Y. Fails, members of said Commission, Defendants-Appellees, v. STEERE TANK LINES, INC., Whitfield Tank Lines, Inc., Whitfield Transportation, Inc., Navajo Freight Lines, Inc., Red Ball Motor Freight, Inc., and E.B. Law & Son, Inc., Intervenors-Appellees.

Supreme Court of New Mexico.

Rehearing Denied November 6, 1963.

Attorney(s) appearing for the Case

Gilbert, White & Gilbert, Sumner S. Koch, William Booker Kelly, Santa Fe, for appellant.

Earl E. Hartley, Atty. Gen., J.E. Gallegos, Asst. Atty. Gen., Santa Fe, for State Corporation Commission.

O. Russell Jones, Edwin E. Piper, Jr., Richard T. Whitley, Santa Fe, for intervenors-appellees.

NOBLE, Justice.

This appeal requires us to review an order of the State Corporation Commission revoking the authority of Bennett's Transportation Company (hereinafter referred to as Bennett), a non-scheduled carrier over irregular routes, to transport certain commodities because of a finding by the commission that its authority to transport such commodities is dormant.

An application by one Paul Miesner to transfer to him that part of Bennett's permit which...

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