MORGAN DRIVE AWAY, INC. v. PUB. UTIL. COMM.

Nos. 76-1264 and 76-1270.

51 Ohio St. 2d 11 (1977)

MORGAN DRIVE AWAY, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. NATIONAL TRAILER CONVOY, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OHIO, APPELLEE.

Supreme Court of Ohio.

Decided July 6, 1977.


Attorney(s) appearing for the Case

Messrs. Sanborn, Brandon & Duvall, Mr. James Duvall and Mr. E. H. vanDeusen, for appellant Morgan Drive Away, Inc.

Messrs. Stiveson & Alden and Mr. John L. Alden, for appellant National Trailer Convoy, Inc.

Mr. William J. Brown, attorney general, Mr. Charles S. Rawlings and Mr. John W. Rudduck, for appellee.


SWEENEY, J.

The issue in the instant cause is whether the order of the commission denying appellants' applications for certificates of public convenience and necessity was unreasonable or unlawful.

The statutory procedure for the granting of additional service certificates is set forth in R. C. 4921.10. That section provides, in pertinent part, that:

"No motor transportation company shall commence its operation as such in this state without obtaining...

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