NORTHERN MESSENGER v. AIRPORT COURIERS, INC.

No. C2-85-1296.

376 N.W.2d 285 (1985)

NORTHERN MESSENGER, INC., Relator, v. AIRPORT COURIERS, INC., Minnesota Transportation Regulation Board, Respondents.

Court of Appeals of Minnesota.

Review Denied January 17, 1986.


Attorney(s) appearing for the Case

Byron E. Starns, James G. Bullard, Minneapolis, for relator.

Nicholas Sherwood, Bloomington, Conrad J. Carr, Minneapolis, for Airport Couriers, Inc.

Hubert H. Humphrey, III, Atty. Gen., Craig R. Anderson, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Transp. Regulation Bd.

Heard, considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ.


OPINION

LESLIE, Judge.

Northern Messenger, Inc. appeals from an order of the Minnesota Transportation Regulation Board granting local cartage carrier authority to Airport Couriers, Inc. Northern Messenger contends the board's findings are not supported by substantial evidence and its decision is arbitrary and capricious. We reverse.

FACTS

Airport Couriers, Inc., a Minnesota corporation, was formed in June, 1983 by three former drivers for...

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