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ENGLEWOOD TRANSIT CO. v. PUBLIC UTILITIES COM'N

No. 22756.

445 P.2d 218 (1968)

ENGLEWOOD TRANSIT COMPANY, a corporation, Plaintiff in Error, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado; Red Ball Motor Freight Inc. and Frederic A. Bethke, d/b/a Bethke Truck Lines, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 23, 1968.

Attorney(s) appearing for the Case

Hastings & Chisen, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Robert Lee Kessler, Asst. Atty. Gen., Denver, for Public Utilities Commission.

Jones, Meiklejohn, Kehl & Lyons, T. Peter Craven, Denver, for Red Ball Motor Freight, Inc. and Frederic A. Bethke, d/b/a Bethke Truck Lines.

MOORE, Chief Justice.

Plaintiff in error will be referred to as Transit. In October 1963, Gil Perry who was President of Transit, and a representative of the Cherokee Water District had a conversation concerning the transportation of 6200 tons of steel pipe from the plant of a wrapping company in Denver to a job site east of Colorado Springs. A verbal agreement resulted under which Transit agreed to provide the transportation. Transit began hauling on October 29,...

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