STATE UTILITIES COMMISSION v. RYDER TANK LINE, INC.

No. 474.

130 S.E.2d 663 (1963)

259 N.C. 363

STATE of North Carolina ex rel. UTILITIES COMMISSION v. RYDER TANK LINE, INC., and Central Transport, Inc.

Supreme Court of North Carolina.

May 1, 1963.


Attorney(s) appearing for the Case

Cannon, Wolfe & Coggin, by J. Archie Cannon, Greensboro, for Ryder Tank Line, Inc., appellant.

Martin & Whitley, by Robt. M. Martin, High Point, for Central Transport, Inc., protestant, appellant.

Bailey, Dixon & Wooten, by J. Ruffin Bailey, Raleigh, Hogue & Hill, by C. D. Hogue, Jr., Wilmington, for Bulk Haulers, Inc., appellee.


HIGGINS, Justice.

The technical objections to the form of Bulk Haulers' application and the Commission's order allowing it in part, are inconsequential. They are not sustained. We need, therefore, discuss only the questions whether the applicant has carried the burden of showing (1) a public need for the limited service, and (2) the ability to perform that service. The Commission's resolution of these questions is binding on the Court if supported by competent, material...

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