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DON WARD, INC. v. PUBLIC UTILITIES COMMISSION

No. 22831.

446 P.2d 902 (1968)

DON WARD, INC., a Colorado corporation, Plaintiff in Error, v. PUBLIC UTILITIES COMMISSION of the State of Colorado, Kendall Transport, Inc., Harold E. Watson and North Denver Storage Company, Defendants in Error, and Colorado Motor Carriers Association, Amicus Curiae.

Supreme Court of Colorado, In Department.

Rehearing Denied December 2, 1968.

Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, Charles H. Haines, Jr., Peter J. Crouse, Denver, for plaintiff in error.

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

Hughes & Dorsey, Raymond B. Danks, Denver, for Kendall Transport, Inc., Harold E. Watson and North Denver Storage Co.

John J. Conway, Denver, for amicus curiae.

MOORE, Chief Justice.

Plaintiff in error will be referred to as Ward, and defendants in error will be referred to as follows: Kendall Transport, Inc. as Kendall; North Denver Storage Company as North Denver; and others involved will be referred to by name.

On August 2, 1934, the Public Utilities Commission issued permit No. B-802 by which it awarded statewide hauling privileges as a "contract carrier" to one Arthur W. Kendall. He died in 1946 and ownership...

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