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BORICH TRANSFER CO. v. HALEY

469 P.2d 638 (1970)

BORICH TRANSFER CO., a Corporation, Appellant, v. Sam R. HALEY, Public Utilities Commissioner of Oregon, Respondent, Valley Motor Lines, Inc. and Arrow Transportation Co. of Delaware, Bend-Portland Truck Service, Inc., and Consolidated Freightways Corp. of Delaware, Intervenors-Respondents.

Court of Appeals of Oregon, Department 1.

Decided May 21, 1970.

Attorney(s) appearing for the Case

Lawrence V. Smart, Jr., Portland, argued the cause and filed the briefs for appellant. With him on the briefs were Smart & Bartsch, Portland.

John H. Socolofsky, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Richard W. Sabin, Asst. Atty. Gen. and Chief Counsel, Public Utilities Commissioner, Salem.

Robt. R. Hollis, Portland, argued the cause and filed the brief for intervenors-respondents Valley Motor Lines, Inc., and Arrow Transportation Co. of Delaware.

John G. McLaughlin, Portland, filed the brief for intervenors-respondents Bend-Portland Truck Service, Inc., and Consolidated Freightways Corp. of Delaware. With him on the brief were McLaughlin & Stearns, Portland.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

Plaintiff, a family corporation created to take over the trucking business of a family member, filed an application with defendant Public Utilities Commissioner to acquire by transfer the motor carrier transportation permit held by Nikola Borich. The permit held by the transferror authorized motor vehicle transportation service as follows:

"Common carrier transportation of property in intrastate commerce in Oregon, restricted as follows...

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