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OREGON FREIGHTWAYS v. LOBDELL

A8205-02900; CA A25681.

666 P.2d 853 (1983)

63 Or.App. 802

OREGON FREIGHTWAYS, Inc., an Oregon Corporation, Appellant, v. John J. LOBDELL, Public Utility Commissioner of Oregon, Respondent, Delta Lines, Inc., a California Corporation, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided July 6, 1983.

Reconsideration Denied September 23, 1983.

Attorney(s) appearing for the Case

John G. McLaughlin and Paul H. Krueger, Portland, argued the cause for appellant. With them on the briefs was McLaughlin & Woods, Portland.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Donald H. Pearlman, Portland, argued the cause for intervenor-respondent. With him on the brief was Keane, Harper, Pearlman & Copeland, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff appeals from the trial court's order affirming an order of the Public Utility Commissioner of Oregon (commissioner) denying plaintiff's application to acquire by transfer from Tyway, Inc., a certificate to operate as a common carrier. Plaintiff raises four assignments of error. It asserts that the trial court erred in failing to reverse or set aside the commissioner's order because, in deciding to deny the transfer of operating authority,...

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