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BIG K CORP. v. PUBLIC SERVICE COM'N

No. 18643.

689 P.2d 1349 (1984)

BIG K CORPORATION, dba Diamond Transport, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Brent H. Cameron, Chairman, David R. Irvine, Commissioner, and James M. Byrne, Commissioner, Defendants.

Supreme Court of Utah.

September 28, 1984.

Attorney(s) appearing for the Case

Merlin O. Baker, A. Robert Thorup, Irene Warr, Salt Lake City, for plaintiff.

David L. Wilkinson, Atty. Gen., Stephen Lewis, C. Reed Brown, William S. Richards, Mark Boyle, Donald B. Holbrook, Elizabeth Haslam, Randall N. Skanchy, Salt Lake City, for defendants.

STEWART, Justice:

The plaintiff, Big K Corporation dba Diamond Transport, a motor common carrier, applied to the Utah Public Service Commission for a certificate of convenience and necessity to transport fluids used in drilling wells for oil over irregular routes between points within the state of Utah, with the exception of Uintah and Duchesne Counties. The PSC denied the application, holding that Big K had failed to show that the service provided by existing carriers...

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