CENTRAL TRANSPORT, INC. v. PUB. SERV. COMMISSION

Docket Nos. 182950, 186569 and 186726.

566 N.W.2d 299 (1997)

223 Mich. App. 288

CENTRAL TRANSPORT, INC., and Universal Am-Can, Ltd., Appellants, v. PUBLIC SERVICE COMMISSION, Appellee. MICHIGAN INTRA-STATE MOTOR TARIFF BUREAU, INC., and National Motor Freight Traffic Association, Inc., Appellants, v. PUBLIC SERVICE COMMISSION, Appellee, and United Parcel Service, Appellee. MICHIGAN TEAMSTERS JOINT COUNCIL NO. 43, Appellant, v. PUBLIC SERVICE COMMISSION, Morgan Drive Away, Inc., Cement Carriers Association, Aggregate Carriers Association of Michigan, Inc., Universal Am-Can, Ltd., and United Parcel Service, Appellees.

Court of Appeals of Michigan.

Decided April 25, 1997, at 9:35 a.m.

Released for Publication July 16, 1997.


Attorney(s) appearing for the Case

Foster, Swift, Collings & Smith, P.C. by John W. Ester, Robert E. McFarland, and Peter R. Albertins, Farmington Hills, for Central Transport, Inc., and Universal Am-Can, Ltd.

Foster, Swift, Collings & Smith, P.C. by Robert E. McFarland, Farmington Hills, for Michigan Intra-State Motor Tariff Bureau, Inc., and National Motor Freight Traffic Association, Inc.

Bagileo, Silverberg & Goldman by John R. Bagileo and Claire Shapiro pro hac vice, Washington, DC, for National Motor Freight Traffic Association, Inc.

Rudell & O'Neill by Kevin J O'Neill, Detroit, for Michigan Teamsters Joint Counsel No. 43.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Don L. Keskey, Henry J. Boynton, and Judith I. Blinn, Assistant Attorneys General, for the Public Service Commission.

Loomis, Ewert, Parsley, Davis & Gotting, P.C. by William D. Parsley, Lansing, for Morgan Drive Away, Inc.

Sullivan and Leavitt, P.C. by Martin J. Leavitt, Northville, for Aggregate Carriers Association of Michigan, Inc., and Cement Carriers Association.

Butzel Long by William R. Rails, Leland R. Rosier, and Wendel V. Hall, Lansing, for United Parcel Service.

Before MacKENZIE, P.J., and JANSEN and T.R. THOMAS,, JJ.


MacKENZIE, Presiding Judge.

The Michigan Public Service Commission (PSC) issued opinions and orders on January 11, 1995, and May 18, 1995, pertaining to the effect of the Federal Aviation Administration Authorization Act of 1994 (FAAAA), P.L. 103-305, on Michigan's Motor Carrier Act, 1933 P.A. 254, as amended, M.C.L. § 475.1 et seq.; M.S.A. § 22.531 et seq. This Court consolidated the appeals of...

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