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EKLUND BROTHERS TRANSPORT, INC. v. THOMPSON

No. 8303.

146 N.W.2d 613 (1966)

EKLUND BROTHERS TRANSPORT, INC., Complainant and Appellant, v. Richard J. THOMPSON, Bruce Hagen, and Ben J. Wolf, as Members of the North Dakota Public Service Commission, Helgl Johanneson, as Attorney General of North Dakota, and Associated Truckers, Inc., Respondents.

Supreme Court of North Dakota.

November 22, 1966.

Attorney(s) appearing for the Case

Wheeler & Daner, Bismarck, for complainant and appellant.

Helgi Johanneson, Atty. Gen., and Norton M. Hatlie, Commerce Counsel, Bismarck, for respondent Public Service Commission.

John R. Davidson and Frederick E. Whisenand, Jr., Williston, for respondent Associated Truckers, Inc.

STRUTZ, Judge. (On reassignment).

This appeal requires us to review an order of the North Dakota Public Service Commission, hereinafter referred to as "Commission," amending Special Motor Carrier Certificate No. 685 issued to the respondent Associated Truckers, Inc., hereinafter referred to as "respondent," to exclude authority to transport water and crude oil, in tank vehicles, upon the ground that such authority was dormant because of nonuse. The facts, briefly...

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