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STATE EX REL. UTIL. COM'N v. ASSOCIATED PET. CAR.

No. 7010UC37.

173 S.E.2d 25 (1970)

7 N.C. App. 408

STATE of North Carolina, ex rel. UTILITIES COMMISSION, Service Transportation Corporation, and M & M Tank Lines, Inc., Applicants, v. ASSOCIATED PETROLEUM CARRIERS, A. C. Widenhouse, Inc., Southern Oil Transportation Company, Inc., Terminal City Transport, Inc., Eastern Oil Transport, Schwerman Trucking Company, Petroleum Transportation, Inc., and Carolina Asphalt and Petroleum Company, Protestants.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Commission Attorney Edward B. Hipp and Associate Commission Attorney Larry G. Ford, Raleigh, for applicant appellee, North Carolina Utilities Commission.

Bailey, Dixon, Wooten & McDonald, by J. Ruffin Bailey and Ralph McDonald, Raleigh, for applicant appellees, Service Transportation Corporation and M & M Tank Lines, Inc.

Allen, Steed & Pullen by Thomas W. Steed, Jr., Raleigh, for protestant appellants.

BRITT, Judge.

The protestants on appeal present the following issue: Is the order of the Utilities Commission in approving the transfer of common carrier franchise authority under the provisions of G.S. § 62-111 erroneous as a matter of law and unsupported by competent, material and substantial evidence in view of the entire record? We think not.

The transfer of a carrier operating authority is governed by a comprehensive statutory scheme, which includes...

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