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WEIRTON ICE & COAL SUPPLY v. PUBLIC SERV. COM'N

Nos. 13890 and 13891.

240 S.E.2d 686 (1977)

WEIRTON ICE & COAL SUPPLY COMPANY et al. v. PUBLIC SERVICE COMMISSION of West Virginia and Harley E. Warrick, dba Warrick Trucking, etc. DON SWART TRUCKING, INC., a West Virginia Corporation, et al. v. PUBLIC SERVICE COMMISSION of West Virginia and Harley E. Warrick, dba Warrick Trucking, etc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion December 26, 1977.

Attorney(s) appearing for the Case

Donell, DeLaMater & Hagg, W. Dean DeLaMater, Weirton, for Weirton Ice & Coal.

Galbraith, Seibert & Kasserman, George H. Seibert, Jr. and M. Jane Glauser, Wheeling, for Don Swart Trucking.

Clement R. Bassett, Legal Division, Charleston, for Public Service Commission.

CAPLAN, Chief Justice:

These cases are here on separate appeals from an order of the Public Service Commission of West Virginia (Commission) which granted a certificate of convenience and necessity to Harley E. Warrick, d/b/a Warrick Trucking, to operate as a common carrier in the transportation of dirt, slag, coal and asphalt in Hancock, Brooke and Ohio Counties. The appellants were protestants at the Commission hearing and, being aggrieved by the action of the Commission...

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