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MEMPHIS MOBILE TEL., INC. v. ATKINS

584 S.W.2d 798 (1979)

MEMPHIS MOBILE TELEPHONE, INC., Plaintiff-Appellant, v. Honorable Z.D. ATKINS, Honorable Robert N. Clement, Honorable Frank D. Cochran, Constituting the Tennessee Public Service Commission, Mahaffee Message Relay, Inc., and Airsignal International, Inc.

Court of Appeals of Tennessee, Middle Section.

Rehearing Denied April 6, 1979.

Certiorari Denied August 13, 1979.

Attorney(s) appearing for the Case

John M. Ballenger, Major, Sage & King, Alexandria, Va., Hammond Fowler, Rockwood, for plaintiff-appellant.

F.P. Cribbs, Jr., Houston, Tex., Phil M. Canale, Jr., and Edward A. Kizer, Memphis, for appellee Mahaffee Message Relay, Inc.

William M. Luck, Memphis, and Patrick J. O'Shea, Elmhurst, N.Y., for appellee Airsignal International, Inc.

Eugene W. Ward, Gen. Counsel, and Thomas Eldridge, Nashville, for Tenn. Pub. Serv. Commission.

Certiorari Denied by Supreme Court August 13, 1979.

OPINION

DROWOTA, Judge.

Appellant, Memphis Mobile Telephone, Inc., appeals from the decree of the Chancery Court of Davidson County dismissing its Petition for Review and affirming the action of the Public Service Commission in rescinding the certificate of public convenience and necessity which had previously been issued to appellant.

The threshold question for determination by this Court...

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