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GROENDYKE TRANSP., INC. v. NEW MEXICO ST. CORP. COM'N

No. 9637.

516 P.2d 689 (1973)

85 N.M. 718

GROENDYKE TRANSPORT, INC., a corporation, Plaintiff-Appellant, v. NEW MEXICO STATE CORPORATION COMMISSION, Columbus Ferguson, Chairman, Floyd Cross and John Abraham, Commissioners, Defendants-Appellees, v. E.B. Law & Son, Inc., Defendant-in-Intervention-Appellee.

Supreme Court of New Mexico.

Rehearing Denied December 13, 1973.

Attorney(s) appearing for the Case

Girand & Richards, W.D. Girand, Hobbs, for plaintiff-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for State Corp. Comm.

Jones, Gallegos, Snead & Wertheim, J.E. Gallegos, Santa Fe, for E.B. Law & Son.

OPINION

MONTOYA, Justice.

Appellant Groendyke Transport, Inc. (Groendyke) in 1965 filed a petition with appellee New Mexico State Corporation Commission (Commission) attacking the validity and issuance of Certificate of Public Convenience and Necessity No. 895-1 held by intervenor-appellee E.B. Law & Son, Inc. (Law), which was issued after a hearing held by the Commission on December 14, 1950.

Groendyke's complaint, that there was insufficient...

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