HENTZ TRUCK LINE, INC., ETC. v. ELKIN

Civ. No. 9739.

294 N.W.2d 774 (1980)

HENTZ TRUCK LINE, INC., ROSEVILLE, MINNESOTA, and Joseph R. Jack, St. Paul, Minnesota, Applicants [Appellants Below] and Appellants, v. Richard ELKIN, Bruce Hagen, and Ben J. Wolf, as Members of the North Dakota Public Service Commission, Respondents [Respondents Below] and Appellees, and Lewis Truck Lines, Inc., and Oland Truck Line, Protestants [Respondents Below] and Appellees.

Supreme Court of North Dakota.

June 20, 1980.


Attorney(s) appearing for the Case

Kermit Edward Bye, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for applicants [appellants below] and appellants.

Daniel S. Kuntz, Asst. Commerce Counsel for Public Service Commission, Bismarck, for respondents [respondents below] and appellees.

Kip B. H. Erickson, of Van Osdel, Foss & Miller, Fargo, for protestants [respondents below] and appellees.


VANDE WALLE, Justice.

Hentz Truck Line, Inc. ("Hentz"), and Joseph R. Jack ("Jack") appeal from a judgment of the Burleigh County district court affirming the order of the Public Service Commission ("PSC") denying Hentz's application to sell Jack a special certificate of public convenience and necessity and revoking Hentz's certificate. We affirm.

Hentz held Special Certificate of Public Convenience and Necessity No. 355 which authorized the following:

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