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HERRIN TRANSP. CO. v. LOUISIANA PUBLIC SERVICE COM'N

No. 51712.

261 So.2d 635 (1972)

261 La. 977

HERRIN TRANSPORTATION CO. et al. v. LOUISIANA PUBLIC SERVICE COMMISSION.

Supreme Court of Louisiana.

May 1, 1972.

Attorney(s) appearing for the Case

Harold R. Ainsworth, New Orleans, for plaintiffs-appellants.

Waitz & St. Martin, Joseph L. Waitz, Houma, for intervenor.

Joseph H. Kavanaugh, Baton Rouge, for defendant-appellee.

SANDERS, Justice.

Plaintiffs appeal from a judgment of the district court which affirmed an order of Louisiana Public Service Commission modifying a certificate of convenience and necessity in a correction procedure. We reverse.

Preston J. Barras applied for the original certificate on September 23, 1938, pursuant to the so-called "Grandfather Clause" of Act 301 of 1938. He sought authority as a motor freight carrier to transport:

"Household goods...

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