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J.V. McNICHOLAS TRANSFER CO. v. PUB. UTIL. COMM. OF OHIO

No. 75-62.

44 Ohio St. 2d 23 (1975)

J. V. MCNICHOLAS TRANSFER CO. ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 22, 1975.

Attorney(s) appearing for the Case

Paul F. Berry Co., L. P. A. and Mr. Richard L. Goodman, for appellants J. V. McNicholas Transfer Co. and others.

Mr. William J. Brown, attorney general, Mr. Charles S. Rawlings and Mr. Robert T. Maison, for appellee Public Utilities Commission.

Messrs. Muldoon, Pemberton & Ferris and Mr. James W. Muldoon, for appellee G. F. Trucking Co.

Per Curiam.

The issue in this appeal is whether the September 27, 1974, order of the commission was "unlawful or unreasonable." R. C. 4903.13.

It is undisputed that at the hearing on G. F.'s application for a certificate of convenience and necessity sufficient evidence was presented to justify approval of the certificate. No other motor transportation company held a certificate to serve Milton Township, and various local businessmen and shippers appeared...

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