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JOHNSON v. ELKIN

Civ. No. 9341.

263 N.W.2d 123 (1978)

Application of Dale L. Johnson, d/b/a Johnson's Moving Co., Wahpeton, North Dakota, for a Special Certificate of Public Convenience and Necessity. Dale L. JOHNSON, d/b/a Johnson's Moving Co., Wahpeton, North Dakota, Appellee, v. Richard A. ELKIN, Ben J. Wolf, Bruce Hagen, as members of the Public Service Commission of the State of North Dakota, Appellants, and Nick Schmit of Schmit's Inc., Wyndmere, North Dakota, a corporation, Respondent.

Supreme Court of North Dakota.

February 16, 1978.

Attorney(s) appearing for the Case

Ray H. Walton, Commerce Counsel, and David W. Tiistola, Asst. Commerce Counsel, Public Service Commission, Bismarck, for appellant; argued by David W. Tiistola.

Johnson, Milloy, Johnson, Stokes & Robinson, Wahpeton, for appellee; argued by A. W. Stokes, Wahpeton.

VOGEL, Justice, on reassignment.

This is an appeal by the PSC (Public Service Commission) from a judgment entered by the Richland County District Court reversing the decision of the PSC and holding, inter alia, that the PSC determination made under the 1973 amendments to Chapter 49-18, North Dakota Century Code (Ch. 380, S.L.1973), violated Johnson's rights under Sections 1, 13 and 20 of the North Dakota Constitution and Section 1 of the Fourteenth Amendment to the...

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