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LOFERSKY v. NEEDEL

No. 1 CA-CIV 2933.

26 Ariz. App. 231 (1976)

547 P.2d 502

Martin LOFERSKY dba Arizona Messenger & Bonded Special Delivery Service, Appellant, v. Herbert NEEDEL dba Tucson Package Delivery Service and Pueblo Parcel Service, Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied April 29, 1976.

Review Denied June 2, 1976.

Attorney(s) appearing for the Case

Murphy, Vinson & Hazlett by Carl E. Hazlett, Tucson, for appellant.

Feldman, Wolin & Lahr, P.C. by Marvin Wolin, Tucson, for appellees.

Bruce E. Babbitt, Atty. Gen., by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for amicus curiae Arizona Corp. Commission.

OPINION

HOWARD, Chief Judge.

This is an appeal from a superior court order setting aside an order of the Corporation Commission.

Martin Lofersky, the appellant, made application to the Arizona Corporation Commission for a certificate of convenience and necessity to operate a 24-hour a day, 365 days a year parcel or package delivery service in Tucson. At the time of his application there were two certificated carriers in Tuscon, both owned and controlled...

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