STATE EX REL. UTIL. COM'N v. HOME TRANSP. CO.

No. 7510UC641.

220 S.E.2d 871 (1976)

28 N.C. App. 340

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Carolina Crane Corporation (Applicant) Appellee, v. HOME TRANSPORTATION COMPANY, INC., et al., (Protestants) Appellants.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

Vaughan S. Winborne, Raleigh, and H. P. Taylor, Jr., Wadesboro, for protestants-appellants.

Bailey, Dixon, Wooten, McDonald & Fountain, by J. Ruffin Bailey and Ralph McDonald, Raleigh, for applicant-appellee.


BRITT, Judge.

Under G.S. 62-262(e), an applicant for a common carrier certificate must prove:

"(1) That public convenience and necessity require the proposed service in addition to existing authorized transportation service, and (2) That the applicant is fit, willing and able to properly perform the proposed service, and (3) That the applicant is solvent and financially able to furnish adequate...

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