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SOLID WASTE CONT. v. DEP. OF PUB. SER. REG.

No. DA 06-0175.

161 P.3d 837 (2007)

2007 MT 154

338 Mont. 1

MONTANA SOLID WASTE CONTRACTORS, INC. and Allied Waste Services of North America, LLC (formerly BFI Waste Systems of North America, Inc.), Petitioners and Appellants, v. MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION; The Montana Public Service Commission; and Mackenzie Disposal, Inc., Respondents and Respondents.

Supreme Court of Montana.

Decided June 26, 2007.

Attorney(s) appearing for the Case

For Appellant Montana Solid Waste Contractors: G. Steven Brown, Helena, Montana.

For Appellant Allied Waste Services of North America, LLC: Frank C. Crowley, Doney Crowley Bloomquist Payne Uda, PC, Helena, Montana.

For Respondent Montana Public Service Commission: Al Brogan, Staff Attorney, Montana Public Service Commission, Helena, Montana.

For Respondent MacKenzie Disposal, Inc.: Tom Singer, Axilon Law Group, PLLC, Billings, Montana, Jerome Anderson, Attorney at Law, Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The genesis of this dispute is a solid waste transportation certificate issued by the Montana Public Service Commission (PSC, the Commission or Agency) in 1977 to Suhr Transportation.1 Suhr sold the certificate to Jim's Excavating in 1992 and Jim's transferred it to WWSS Inc. in 1993. MacKenzie Disposal bought it from WWSS in 1999. The PSC approved each transfer. Montana...

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