DON WARD, INC. v. MILLER

No. 20474.

390 P.2d 812 (1964)

DON WARD, INC., Plaintiff in Error, v. J. A. MILLER and Redwood Company, Inc., Defendants in Error.

Supreme Court of Colorado. En Banc.

March 30, 1964.


Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, Charles H. Haines, Jr., Denver, for plaintiff in error.

Barry & Boyle, Denver, for defendants in error.


HALL, Justice.

The parties appear here in the same order as in the trial court. We refer to them as plaintiff and defendants.

The plaintiff, a common carrier, certificated by the Public Utilities Commission of the State of Colorado, herein referred to as the P.U.C., on May 7, 1962, commenced this action seeking to enjoin the defendants from hauling cement, in bulk, to Denver's Stapleton Airport. In its complaint the plaintiff alleges that it holds Certificate...

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