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DENVER-CLIMAX TRUCK LINE, INC. v. JIM CHELF, INC.

No. 23109.

445 P.2d 399 (1968)

DENVER-CLIMAX TRUCK LINE, INC., a Colorado corporation, Plaintiff in Error, v. JIM CHELF, INC., a Colorado corporation, the Public Utilities Commission of the State of Colorado, and Henry E. Zarlengo, Howard S. Bjelland and Ralph C. Horton, as Members thereof, Defendants in Error.

Supreme Court of Colorado, In Department.

September 30, 1968.

Attorney(s) appearing for the Case

John P. Thompson, Denver, for plaintiff in error.

John J. Conway, Denver, for defendant in error, Contract Carriers Conference of the Colorado Motor Carriers Assn.

Duke W. Dunbar, Atty. Gen., Robert Lee Kessler, Asst. Atty. Gen., for defendant in error Public Utilities Commission of the State of Colorado.

McWILLIAMS, Justice.

The ultimate issue to be resolved in this writ of error is whether C.R.S.1963, 115-11-5(2) requires that Jim Chelf, Inc., a private carrier, charge rates which are no less than those of Denver-Climax Truck Lines, Inc., a common carrier, when the former is transporting concrete pipe to points served by Denver-Climax.

The more precise issue posed by this writ of error is whether Chelf is in fact "competing" with Denver-Climax by rendering...

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