B. D. C. CORP. v. PUBLIC SERVICE COMM.


23 Wis.2d 260 (1964)

B. D. C. CORPORATION, Appellant, v. PUBLIC SERVICE COMMISSION, Respondent: ARMORED CARRIER CORPORATION and others, Impleaded Respondents.

Supreme Court of Wisconsin.

March 31, 1964.


Attorney(s) appearing for the Case

For the appellant there were briefs by Honeck, Mantyh & Arndt of Milwaukee, attorneys, and Axelrod, Goodman & Steiner of Chicago, Illinois, of counsel, and oral argument by Stewart G. Honeck and David Axelrod.

For the respondent Public Service Commission the cause was argued by William E. Torkelson, chief counsel, with whom on the brief was George Thompson, attorney general.

For the impleaded respondent Armored Carrier Corporation there was a brief by Jasper, Winner, Perina & Rouse of Madison, and oral argument by Claude J. Jasper.

For the impleaded respondents Wisconsin Motor Carriers Association and its members there was a brief and oral argument by John L. Bruemmer of Madison.

For the other impleaded respondents there was a brief by Kaumheimer, Reinhart, Boerner, Van Deuren & Norris, attorneys, and Richard H. Norris III of counsel, all of Milwaukee, for the Marine National Exchange Bank of Milwaukee, and by Grootemaat, Cook & Franke, attorneys, and Harry F. Franke and John J. Ottusch of counsel, all of Milwaukee, for the Marshall & Ilsley Bank.


WILKIE, J.

A single issue is raised on this appeal.

In a declaratory-relief proceeding before the Public Service Commission to determine the scope of a motor carrier license issued after a hearing, does the failure of the commission, under the circumstances of this case, to give consideration to the record of the original hearing and to the record of a subsequent hearing held in relation to the license, constitute an abuse of discretion requiring a remand...

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