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MAXWELL CO. v. PUB. UTIL. COMM.

Nos. 84-1446 and 84-1923.

18 Ohio St. 3d 217 (1985)

MAXWELL COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE. (TWO CASES.)

Supreme Court of Ohio.

Decided July 17, 1985.

Attorney(s) appearing for the Case

Stiverson & Alden, and James R. Stiverson, for appellant.

Anthony J. Celebrezze, Jr., attorney general, Robert S. Tongren and John L. Shatter in case Nos. 84-1446 and 84-1923, and David C. Champion in case No. 84-1923, for appellee, Public Utilities Commission.

Berry & Spurlock Co., L.P.A., and Michael Spurlock, for intervening appellees Condor Express, Inc. and United States Transportation, Inc. in case No. 84-1446.

Per Curiam.

A common gravamen in each of these actions concerns the practical consequence of the agency agreements between the transferors and transferees of the certificates. Maxwell argues that these agreements act to "split" the operating certificates, allowing both transferor and transferee in each case to operate pursuant to the authority of the respective certificates. This practice was found to be unlawful in Braddock v. Pub. Util. Comm.

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