O.K. DELIVERY SYSTEM, INC. v. HALEY


487 P.2d 1391 (1971)

O.K. DELIVERY SYSTEM, INC., Appellant, v. Sam R. HALEY, Public Utility Commissioner of the State of Oregon, Respondent, Bend-Portland Truck Service et al., Intervenors.

Court of Appeals of Oregon, Department 2.

Decided August 26, 1971.


Attorney(s) appearing for the Case

James A. Nelson, Portland, argued the cause and filed the briefs for appellant.

John H. Socolofsky, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

Plaintiff appeals from a decision of the circuit court favorable to the Public Utility Commissioner. The Commissioner had refused to allow, without a hearing, transfer of a common carrier permit from the merged corporation to the surviving corporation.

The facts were stipulated in the circuit court. Prior to the merger, Robinson Transfer and Storage Company did not have a common carrier permit; its parent corporation, O.K. Delivery Company...

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