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TRANSFER CO. v. P. U. C. O.

Nos. 37684 and 37685.

174 Ohio St. 554 (1963)

E. A. SCHLAIRET TRANSFER CO., APPELLANT, ET AL., v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (TWO CASES.)

Supreme Court of Ohio.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Messrs. George, Greek, King & McMahon, Mr. John M. Caren, Mr. Herbert Baker and Mr. Earl N. Merwin, for appellant.

Mr. William B. Saxbe, attorney general, Mr. Jay C. Flowers and Mr. Andrew R. Sarisky for appellee.

Mr. Nelson Lancione, for Braddock Motor Freight, Inc.

Mr. Charles H. Ayres and Mr. Robert L. Ratchford, for interested parties.

ZIMMERMAN, J.

As stated by the commission, "these two pending matters involve an identical issue: `Shall a regular route motor carrier, operating over certain highways designated by the commission and between fixed termini, be authorized to have on file a tariff providing a joint rate with an irregular route motor carrier which operates to and from a fixed geographical base area?'"

There are essentially two matters for determination by this court: (1) Did...

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