B & D DELIVERY v. PUB. UTIL. COMM.

No. 74-517.

41 Ohio St. 2d 39 (1975)

B & D DELIVERY, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided January 29, 1975.


Attorney(s) appearing for the Case

Mr. Eugene Sidney Bayer, for appellant.

Mr. William J. Brown, attorney general, Mr. Keith F. Henley and Mr. Robert T. Maison, for appellee.


Per Curiam.

The crux of appellant's arguments is that the denial of appellant's application after competitor objection was an abuse of discretion because appellant did show deficiencies in existing service, and that appellant was a "proper person" for the certificate it seeks.

In Jones v. Pub. Util. Comm. (1943), 141 Ohio St. 237, this court held that "it is incumbent upon a contract motor...

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