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MORGAN DRIVE AWAY, INC. v. PA. P.U.C.

No. 1100 C. D. 1985.

101 Pa.Commw. 244 (1986)

515 A.2d 1048

Morgan Drive Away, Inc., Petitioner v. Pennsylvania Public Utility Commission, Respondent.

Commonwealth Court of Pennsylvania.

October 10, 1986.

Attorney(s) appearing for the Case

David H. Radcliff, with him, Christian V. Graf, Graf, Knupp & Andrews, P.C., for petitioner.

H. Kirk House, Assistant Counsel, with him, Alfred N. Lowenstein, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

William A. Chesnutt, McNees, Wallace & Nurick, for intervening respondent, Barrett Mobile Home Transport, Inc.

Argued February 6, 1986, before Judges BARRY and PALLADINO, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 10, 1986:

Morgan Drive Away (petitioner) appeals an order of the Pennsylvania Public Utility Commission (PUC) which adopted a decision of an administrative law judge granting the application of Barrett Mobile Home Transport Inc. (Barrett) to amend its certificate of public convenience. The amendment was proposed to permit Barrett, a competitor of the petitioner in interstate carriage, to transport trailers, mobile homes, modular

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