EKLUND BROTHERS TRANSPORT, INC. v. RITTS

No. 8339.

148 N.W.2d 263 (1966)

EKLUND BROTHERS TRANSPORT, INC., Ben-L Trucking, Inc., Northern Tank Line, and Maas Transport, Inc., Complainants, v. Gordon RITTS, d. b. a. Ritts Water Service, O. C. Berg, d. b. a. Berg's Water Service, and Elliot E. Jensen, d. b. a. El's Trucking Service, Respondents, The Public Service Commission of the State of North Dakota, Appellant.

Supreme Court of North Dakota.

November 21, 1966.


Attorney(s) appearing for the Case

Norton M. Hatlie, Commerce Counsel, Bismarck, for appellant.

Wheeler & Daner, Bismarck, for complainants.

Walter O. Burk, Williston, for Elliot E. Jensen, d. b. a. El's Trucking.


ERICKSTAD, Judge.

This is an appeal by the North Dakota Public Service Commission from a district court judgment which reversed and rescinded that part of an order of the Commission which required Gordon Ritts and O. C. Berg to cease and desist operations as for-hire motor carriers within the State of North Dakota until they had complied with applicable provisions of Chapter 49-18, N.D.C.C., and the rules and regulations of the Commission.

In June 1963 Eklund...

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