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TRANS-WESTERN EXP. v. PUBLIC UTILITIES

No. 93SA271.

877 P.2d 350 (1994)

TRANS-WESTERN EXPRESS, LTD., Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION of the STATE of Colorado, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

July 11, 1994.

Attorney(s) appearing for the Case

Jones & Keller, P.C., Edward T. Lyons, Jr., David E. Driggers, Denver, for petitioner-appellant.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Merrill Shields, Deputy Atty. Gen., Richard Djokic, First Atty. Gen., Jeffery A. Froeschle, Asst. Atty. Gen., Denver, for respondent-appellee.

Justice ERICKSON delivered the Opinion of the Court.

Trans-Western Express, Ltd. (TWX) appeals the decision of the district court which upheld the ruling of the Public Utilities Commission of Colorado (PUC).1 The PUC denied TWX's application for extension of its common-carrier authority. TWX asserts that the PUC applied the wrong standard of "public need" by finding that the testimony of a single shipper does not establish the requisite...

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