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FRED J. STEWART TRUCKING, INC. v. BUNN TRUCKING CO.

No. 371A39.

278 N.E.2d 310 (1972)

FRED J. STEWART TRUCKING, INC., et al., Appellants, v. BUNN TRUCKING CO., Inc., and Public Service Commission of Indiana, Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 21, 1972.

Attorney(s) appearing for the Case

Michael V. Gooch, Warren C. Moberly, Harrison, Moberly & Gaston, Indianapolis, for appellants.

Lindy G. Moss, Fort Wayne, Robert C. Smith, Indianapolis, for appellee-Bunn Trucking Co., Inc.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee-Public Service Commission of Indiana.

HOFFMAN, Chief Judge.

The issues raised by this appeal, as framed by appellants, are whether the applicant for a permit to transport certain commodities as a contract carrier in intrastate commerce has sustained its burden of proof under the terms of the Indiana Motor Carriers Act, and whether the order of the Public Service Commission of Indiana granting such permit is contrary to law.

The statute with which this appeal is basically concerned is IC 1971,...

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