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SAFEWAY TRAILS, INC. v. BD. OF PUB. UTIL. COM'RS.

42 N.J. 525 (1964)

201 A.2d 717

SAFEWAY TRAILS, INC., APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES, STATE OF NEW JERSEY, RESPONDENT. IN THE MATTER OF THE PETITION OF THE GREYHOUND CORPORATION, SAFEWAY TRAILS, INC., AND THE NATIONAL ASSOCIATION OF MOTOR BUS OWNERS FOR REHEARING AND RECONSIDERATION OF SPECIFICATIONS 3, 4 AND 6 OF ADMINISTRATIVE ORDER 14:212 — SPECIFICATIONS APPLYING TO AUTOBUSES — DOCKET NO. 10790. THE GREYHOUND CORPORATION, ETC., AND THE NATIONAL ASSOCIATION OF MOTOR BUS OWNERS, ETC., APPELLANTS, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, DEPARTMENT OF PUBLIC UTILITIES, STATE OF NEW JERSEY, RESPONDENT.

The Supreme Court of New Jersey.

Decided June 23, 1964.

Attorney(s) appearing for the Case

Mr. Morris J. Levin, of the District of Columbia Bar, argued the cause for the appellant, Safeway Trails, Inc. (Messrs. Harrison & Jacobs, attorneys; Messrs. Roberts & McInnis, of the District of Columbia Bar, on the brief).

Mr. Merritt Lane, Jr., and Mr. Harold J. Drescher, of the New York Bar, argued the cause for the appellants, The Greyhound Corporation and The National Association of Motor Bus Owners (Messrs. McCarter & English, attorneys; Messrs. Michael D. LoPrete and Ross B. Abrash, on the brief).

Mr. Richard F. Green, Deputy Attorney General, argued the cause for the respondent, Board of Public Utility Commissioners, Department of Public Utilities, State of New Jersey. (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by PROCTOR, J.

The appellants, Safeway Trails, Inc. (Safeway), Greyhound Corporation (Greyhound), and The National Association of Motor Bus Owners (NAMBO), challenge the validity of revisions to Specifications 3, 4 and 6 of Administrative Order 14:212 promulgated by the Board of Public Utility Commissioners (Board) on December 16, 1960, as applied to interstate-intercity deluxe buses. These specifications provide:

"3...

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