B & M SERVICE, INC. v. PUBLIC UTILITIES COMMISSION

No. 21964.

429 P.2d 293 (1967)

B & M SERVICE, INC., Jeffries-Eaves, Inc., John Bunning Transfer Co., Inc., and H. J. Jeffries Truck Line, Inc., Plaintiffs in Error, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

July 3, 1967.


Attorney(s) appearing for the Case

Stockton, Linville, Lewis & Mitchell, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert Lee Kessler, Asst. Atty. Gen., for defendant in error.


SUTTON, Justice.

This is a proceeding which involves the Public Utilities Commission's control of leased equipment by regulated private and common carriers who haul oil field drilling rigs and other heavy equipment known as "Mercer" commodities.

The question to be determined on this writ of error is whether the P.U.C. acted arbitrarily, unlawfully, unreasonably and capriciously in denying the applications of the plaintiffs in error when they sought a waiver...

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