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FRANK CARTAGE DIVISION v. PUBLIC UTILITIES COMMISSION OF OHIO

No. 76-244.

48 Ohio St. 2d 180 (1976)

FRANK CARTAGE DIVISION, TRUCKWAY SERVICE, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 15, 1976.

Attorney(s) appearing for the Case

Messrs. Stiverson & Alden and Mr. John L. Alden, for appellant.

Mr. William J. Brown, attorney general, Mr. Kevin F. Duffy and Mr. Charles S. Rawlings, for appellee.

Messrs. Muldoon, Pemberton & Ferris, Mr. David L. Pemberton, and Mr. Jerry B. Sellman, for appellee intervenor.

Per Curiam.

Appellant claims that the commission's order is unreasonable and unlawful because no inadequacy in the present carrier service had been shown or stated in the commission's order; that the commission should have granted a "60-day order," pursuant to R. C. 4921.10 and 4921.12, before granting the new certificate; and that the applicant is an improper party to receive a certificate from the commission. The facts and legal issues thus presented are...

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