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POWER FUELS, INC. v. ELKIN

Civ. No. 9588.

283 N.W.2d 214 (1979)

Application of Power Fuels, Inc., Minot, North Dakota, for a Special Certificate of Public Convenience and Necessity. POWER FUELS, INC., Applicant [Respondent Below] and Appellee, v. Richard ELKIN, Ben Wolf, and Bruce Hagen, as Members of the North Dakota Public Service Commission, Respondents [Respondents Below] and Appellees, and Northern Tank Lines and Big "M" Oil Field Service, Inc., Protestants, and Getter Trucking, Inc., Protestant [Appellant Below], and Matador Service, Inc., Protestant [Appellant Below] and Appellant.

Supreme Court of North Dakota.

August 22, 1979.

Attorney(s) appearing for the Case

F. John Smith, Bismarck, for applicant [respondent below] and appellee Power Fuels, Inc.

David W. Tiistola, Sp. Asst. Atty. Gen., Bismarck, for respondents [respondents below] and appellees Elkin, Wolf, and Hagen as Members of the North Dakota Public Service Commission.

R. W. Wheeler, of Wheeler, Wolf, Wefald & Peterson, Bismarck, for protestant [appellant below] and appellant Matador Service, Inc.

VANDE WALLE, Justice.

This is an appeal from a judgment of the district court of Burleigh County affirming an order of the Public Service Commission that granted Power Fuels, Inc., a special common motor carrier certificate of public convenience and necessity authorizing it to transport crude oil, water, and salt water, in bulk, in tank vehicles to and from certain points and places in North Dakota. We affirm.

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