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IN RE YELLOW CAB CO-OP. ASS'N

Civil Action No. 96-K-256. Bankruptcy No. 93-23733 DEC. Adversary No. 95-1604 DEC.

200 B.R. 237 (1996)

In re YELLOW CAB COOPERATIVE ASSOCIATION. COLORADO PUBLIC UTILITIES COMMISSION, et al., Appellants, v. YELLOW CAB COOPERATIVE ASSOCIATION, Appellee.

United States District Court, D. Colorado.

September 12, 1996.

Attorney(s) appearing for the Case

Elfrem Hil Margolin, E. Hil Margolin, P.C., Denver, CO, for Yellow Cab Cooperative Association.

Charles B. Hecht, Robert W. Nichols, Nichols & Hecht, LLC, Denver, CO, Jan L. Hammerman, Englewood, CO, for Metro Taxi, Inc.

Neil Tillquist, Attorney General's Office, Denver, CO, for Bruce Smith, Leland Smith, Philip-Smith, Ronald Jack, Gray Gramlick, Gordon King, West Twomey, Bob Laws, Colorado Public Utilities Commission, Robert J. Hix, Vincent Majkowski, and Christine E.M. Alvarez.

James Allen Beckwith, James A. Beckwith Law Office, Arvada, CO, for Colorado Transportation, Inc.

MEMORANDUM DECISION ON APPEAL

KANE, District Judge.

The Colorado Public Utilities Commission (PUC) appeals from a January 26, 1996 order of the bankruptcy court permanently enjoining it from enforcing its December 13, 1995 decision to reduce the operating authority of debtor Yellow Cab Cooperative Association ("Yellow Cab") under its Certificate of Public Convenience and Necessity (CPCN) (the "Transfer Decision"). The Transfer Decision was the product of...

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