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PETITION OF DE LARIA

No. C1-88-445.

427 N.W.2d 745 (1988)

In the Matter of the Petition of DE LARIA TRANSPORT, INC. to Redesignate the Petroleum Authority issued under Irregular Route Common Carrier Permit No. 24982 to a Certificate of Public Convenience and Necessity as a Petroleum Carrier Under Petroleum Carrier Certificate No. 182.

Court of Appeals of Minnesota.

August 23, 1988.

Attorney(s) appearing for the Case

William E. Flynn, Mary P. McConnell, Lindquist & Vennum, Minneapolis, for relator Indianhead Truck Line, Inc.

Hubert H. Humphrey, III, Atty. Gen., Jon Erik Kingstad, Sp. Asst. Atty. Gen., St. Paul, for respondent Minnesota Transp. Regulation Bd.

Grant J. Merritt, Grant Merritt & Associates, Ltd., Minneapolis, for respondent De Laria Transport, Inc.

Heard, considered and decided by NORTON, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Relator Indianhead Truck Line, Inc. seeks review of a decision by the respondent Minnesota Transportation Regulation Board which granted a request by respondent De Laria Transport, Inc. to redesignate a portion of its irregular route common carrier permit as a petroleum carrier certificate. Relator claims the Board acted outside its statutory authority in granting De Laria's request for redesignation. We agree, and reverse.

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