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OIL TRANSPORT CO. v. N.M. STATE CORP. COM'N

No. 18212.

798 P.2d 169 (1990)

OIL TRANSPORT COMPANY, Plaintiff-Appellant, v. NEW MEXICO STATE CORPORATION COMMISSION, Eric P. Serna, John H. Elliott and Jerome D. Block, Defendants-Appellees, and Groendyke Transport, Inc., Alfred Hite and Shelby Hite, d/b/a Ash, Inc., and Steere Tank Lines, Inc., Intervenors-Appellees.

Supreme Court of New Mexico.

Rehearing Denied August 10, 1990.

Attorney(s) appearing for the Case

Jones, Snead, Wertheim, Rodriguez & Wentworth, James G. Whitley, Elizabeth Woldman, Santa Fe, for plaintiff-appellant.

Hal Stratton, Atty. Gen., Joseph Van R. Clarke, Asst. Atty. Gen., Santa Fe, for defendant-appellee Corp. Com'n.

Raymond G. Sanchez, F.M. Mowrer, Albuquerque, for intervenor Ash, Inc.

Civerolo, Hansen & Wolf, Wayne C. Wolf, Bruce T. Thompson, Albuquerque, for intervenor Groendyke.

Jack A. Smith, Albuquerque, for intervenor Steere Tank Lines, Inc.

OPINION

WILSON, Justice.

This matter coming on for consideration by the court on motion for rehearing and the court having considered said motion and being sufficiently advised, now, therefore, the opinion handed down on April 24, 1990 is hereby withdrawn and the opinion filed this date is substituted therefor.

Oil Transport Company (OTC) appeals a district court judgment affirming New Mexico State Corporation Commission's (Commission) orders denying...

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