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AUCLAIR TRNASP., INC. v. ROSS EXPRESS, INC.

No. 7755.

117 N.H. 630 (1977)

AUCLAIR TRANSPORTATION, INC. & a. v. ROSS EXPRESS, INC.

Supreme Court of New Hampshire.

July 25, 1977.

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green, of Manchester and Warren B. Rudman; Richardson & Tyler and James E. Mahoney of Massachusetts; Barrett & Barrett and John F. O'Donnell of Massachusetts, and Frank J. Weiner, of Massachusetts (Mr. Rudman and Mr. Mahoney orally), for the plaintiffs.

McLane, Graf, Greene, Raulerson & Middleton, of Manchester, and Charles A. DeGrandpre and Grenville Clark, III (Mr. DeGrandpre orally), for the defendant.

David H. Souter, attorney general, and Deborah J. Cooper, attorney (Mrs. Cooper orally), for the New Hampshire Public Utilities Commission.

KENISON, C.J.

The defendant filed an application with the New Hampshire Public Utilities Commission (PUC) on June 6, 1976, for a certificate of public convenience and necessity to operate as a common carrier of property by motor vehicle between points in New Hampshire. Although the defendant had previously obtained such a certificate authorizing its intrastate operations, this application was made for the purpose of obtaining authority to transport interstate and...

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