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MOREY v. PUB. COMMISSION

Nos. 27932, 27935 and 27980.

582 P.2d 685 (1978)

C. M. MOREY, doing business as "Star Motor Freight Lines", Plaintiff and Appellee, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, and Edwin R. Lundborg, Edythe S. Miller and Sanders G. Arnold as the members thereof, Graves Truck Lines, Inc., Northwest Transport Service, Inc., Thacker Bros. Transportation, Inc., Ephraim Freightways, Inc., Cargo and Transportation Services, Inc., Robert L. Harris, doing business as Las Animas Transfer Co., Fowler Truck Line, Inc., Denver-Limon-Burlington Transfer Company, Triangle Freight Co., A. R. Jackson, doing business as Jackson Transfer and Storage, Jackson Trucking and Jackson Cartage Company, regular route common carrier conference of the Colorado Motor Carriers' Association and Red Ball Motor Freight, Inc., Defendants and Appellants.

Supreme Court of Colorado, En Banc.

August 14, 1978.

Attorney(s) appearing for the Case

John P. Thompson, Denver, for plaintiff and appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., John E. Archibold, Sp. Asst. Atty. Gen., for defendants and appellants Public Utilities Commission of the State of Colorado; Edwin R. Lundborg, Edythe S. Miller and Sanders G. Arnold, Commissioners.

Jones, Meiklejohn, Kehl & Lyons, Edward T. Lyons, Jr., Denver, for defendants and appellants Graves Truck Line, Inc. and the Regular Route Common Carrier Conference of the Colorado Motor Carriers' Ass'n.

Stockton & Lewis, Truman A. Stockton, Jr., John H. Lewis, Ernest Porter, Denver, for defendants and appellants Thacker Bros. Transp., Inc., Ephraim Freightways, Inc., Cargo and Transp. Services, Inc. and Robert L. Harris, d/b/a Las Animas Transfer Co.

John J. Conway, Denver, for amicus curiae The Contract Carriers' Conference.

GROVES, Justice.

The Public Utilities Commission (the Commission) and various carriers appeal a district court order overruling the Commission's denial of common carrier status to the Plaintiff, C. M. Morey, doing business as Star Motor Lines (Star). While we agree that the Commission applied improper guidelines in its decision making process, the proper remedy is to remand the matter to the Commission for application of appropriate decisional guidelines. Thus, rather...

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