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MILNE v. STATE

No. 6532.

113 N.H. 516 (1973)

JONATHAN MILNE d.b.a. MILNE ENTERPRISES, & a. v. STATE OF NEW HAMPSHIRE.

Supreme Court of New Hampshire.

September 28, 1973.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea (Mr. Donald R. Bryant orally) for plaintiffs Jonathan Milne and H. & H. Transportation, Inc.

Warren B. Rudman, attorney general, and Roger G. Burlingame, attorney (Mr. Burlingame orally), for the State.

McLane, Carleton, Graf, Greene & Brown and Charles A. DeGrandpre (Mr. DeGrandpre orally) for Appleyard's Motor Trans., Inc. & a., protestants.

Francis E. Barrett, Jr. (of Massachusetts) for Merrill Transport Co., protestant.

LAMPRON, J.

Appeal under RSA 541:6 from an adverse decision of the public utilities commission on plaintiffs' petition under RSA 375-B:10 (Supp. 1972) seeking commission approval to transfer to Milne a motor carrier permit now held by H. & H. Transportation, Inc.

The permit in question was originally issued under the so-called grandfather clause (RSA 375-B:4 (Supp. 1972)) to Ernest Gilman on October 7, 1968. See Ernest E. Gilman Transportation ...

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