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GROENDYKE TRANSPORT v. N.M. STATE CORP. COM'N

No. 14651.

684 P.2d 1135 (1984)

101 N.M. 470

GROENDYKE TRANSPORT, INC., Plaintiff-Appellant, v. NEW MEXICO STATE CORPORATION COMMISSION, et al., Defendants-Appellees, and Western Oil Transportation Company, Inc., Steere Tank Lines, Inc. and Whitfield Tank Lines, Inc., Intervenors-Appellees.

Supreme Court of New Mexico.

Rehearing Denied July 18, 1984.

Attorney(s) appearing for the Case

Edwin E. Piper, Jr., Civerolo, Hansen & Wolf, Wayne C. Wolf, Mary E. Lebeck, Albuquerque, for plaintiff-appellant.

Dave Romero, Jr., Santa Fe, for Corp. Com'n.

Jones, Gallegos, Snead & Wertheim, James E. Snead, Charles A. Purdy, James G. Whitley, Santa Fe, for intervenor-appellee Western Oil.

Jack Smith, Albuquerque, Fred M. Standley, Santa Fe, for Steere and Whitfield.

OPINION

SOSA, Senior Justice.

The New Mexico State Corporation Commission (Commission) refused to grant a common carrier's Certificate of Public Convenience and Necessity (Certificate) as requested by Groendyke Transport, Inc. (Groendyke). Groendyke challenged the Commission's order in an appellate hearing before the First Judicial District Court. The district court affirmed and Groendyke appeals. We affirm.

In July, 1981, Groendyke applied for a...

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