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STOWERS AND SONS TRUCKING CO. v. PSC

No. 19014.

387 S.E.2d 841 (1989)

STOWERS AND SONS TRUCKING COMPANY, INC. v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA and Eugene Roberts & Son, Inc.

Supreme Court of Appeals of West Virginia.

December 20, 1989.

Attorney(s) appearing for the Case

Michael L. Keller, Goodwin & Goodwin, J.A. Bibby, Jr., Bibby & Good, Charleston, W.Va., for petitioner Stowers and Son Trucking Company, Inc.

Arden J. Curry, Pauley, Curry, Sturgeon & Vanderford, Charleston, for Eugene Roberts & Son, Inc.

Franklin G. Crabtree, Public Service Com'n of W.Va., Charleston, for Public Service Com'n.

MILLER, Justice:

Stowers and Sons Trucking Company, Inc. (Stowers), appeals from a final order of the Public Service Commission (PSC), which reversed a recommended decision by an administrative law judge and granted Eugene Roberts & Son, Inc. (Roberts), an amended certificate to operate as a common carrier by motor vehicle for the purpose of transporting tanks and pipe to and from six southern West Virginia counties. Stowers asserts that the PSC misapplied the...

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