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DAN DUGAN TRANSPORT CO. v. MAAS TRANSPORT

Civ. No. 9522.

275 N.W.2d 855 (1979)

In the Matter of DAN DUGAN TRANSPORT COMPANY, and Northern Tank Line, Complainants and Appellees, Matador Service, Inc., Suhr Transport Company, Skjonsby Truck Line, Lawrence Transportation, Getter Trucking, Inc., Transport, Inc. and Indianhead Truck Line, Inc., Intervenors and Appellees, and Public Service Commission, State of North Dakota, Appellees, v. MAAS TRANSPORT, INC., and Carl J. Austad & Son, Inc., Respondents and Appellants.

Supreme Court of North Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Peterson, Bismarck, for complainant and appellee, Dan Dugan Transport Co., and intervenors and appellees, Matador Service, Inc., and Suhr Transport Co.; argued by R. W. Wheeler, Bismarck.

Alan Foss and Kip B. H. Erickson, Fargo, for complainant and appellee, Northern Tank Line, and intervenor and appellee, Skjonsby Truck Line.

McIntee & Whisenand, Williston, for intervenors and appellees, Lawrence Transp. and Getter Trucking, Inc.; submitted on the brief by Frederick E. Whisenand, Williston.

Ronald B. Pitsenbarger, Moorhead, Minn., for intervenors and appellees, Transport, Inc. and Indianhead Truck Line, Inc.; submitted on the brief.

David W. Tiistola, Special Asst. Atty. Gen., Public Service Commission, Bismarck, for appellee, Public Service Commission.

T. L. Secrest, Hettinger, for respondents and appellants.

ERICKSTAD, Chief Justice.

Maas Transport, Inc. (Maas) and C. J. Austad and Son, Inc. (Austad) appeal from a district court order that affirmed the Public Service Commission's order to revoke Maas' Special Common Motor Carrier Certificate on the grounds of abandonment. We affirm.

Maas had authority to operate in this state from the Public Service Commission (PSC) pursuant to Special Motor Carrier Certificate No....

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