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ARIZONA TANK LINES, INC. v. ARIZONA CORP. COM'N

No. 1 CA-CIV 1174.

13 Ariz. App. 19 (1970)

473 P.2d 821

ARIZONA TANK LINES, INC., Appellant, v. The ARIZONA CORPORATION COMMISSION, E.T. Eddie Williams, Jr., Dick Herbert and Milton J. Husky, constituting the members of said Commission, Claude Butler, dba Butler Trucking, Inc., a corporation, and M & H Trucking, Inc., Appellees.

Court of Appeals of Arizona, Division 1, Department A.

September 1, 1970.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, by Earl H. Carroll, Phoenix, for appellant.

Gary K. Nelson, Atty. Gen., by Charles S. Pierson, Asst. Atty. Gen., and Joseph P. Ralston, Ryley, Carlock & Ralston, Phoenix, for appellees, The Arizona Corporation Commission.

Jennings, Strouss, Salmon & Trask, by Nicholas Udall, Phoenix, for appellee Butler.

Yankee & Bernstein, by A. Michael Bernstein, Phoenix, for appellee, M & H Trucking, Inc.

CAMERON, Judge.

This is an appeal from a judgment of the Superior Court of Maricopa County modifying the findings and order of the Corporation Commission concerning the construction and transfer of a certificate of convenience and necessity.

The facts leading up to this appeal are as follows. In 1957, Butler Trucking received a common motor carrier certificate of convenience and necessity permitting the hauling of:

"Lumber and heavy machinery within...

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