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GROENDYKE TRANSP., INC. v. NEW MEXICO ST. CORP. COM'N

No. 8477.

439 P.2d 709 (1968)

GROENDYKE TRANSPORT, INC., a corporation, Plaintiff-Appellee, v. NEW MEXICO STATE CORPORATION COMMISSION, Murray E. Morgan, Columbus Ferguson and Floyd Cross, Commissioners, Defendants-Appellants, Steere Tank Lines, Inc. and E.B. Law & Son, Inc., Intervenors-Defendants-Appellants.

Supreme Court of New Mexico.

April 15, 1968.

Attorney(s) appearing for the Case

Girand, Cowan & Reese, Hobbs, Stanley, Kegel & Campos, Santa Fe, for appellee.

Boston E. Witt, Atty. Gen., Myles E. Flint, James V. Noble, Asst. Attys. Gen., Santa Fe, for appellants.

Jones, Gallegos, Snead & Wertheim, Santa Fe, for intervenors-appellants.

OPINION

COMPTON, Justice.

This is an appeal from a judgment reversing an order of the State Corporation Commission.

In 1953, the commission issued a certificate of public convenience and necessity to Griffin Brothers, Inc., authorizing:

"Transportation of sand, gravel, crushed rock, clay, fill dirt, pumice, cinder aggregate, ready mixed concrete, graphite, lime, stone, mortar, asphalt, fertilizer, and bulk water, by means of dump truck...

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