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MOHAWK MOTOR, INC. v. P. U. C.

No. 40414.

11 Ohio St. 2d 238 (1967)

MOHAWK MOTOR, INC., APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 26, 1967.

Attorney(s) appearing for the Case

Mr. Taylor C. Burneson, for appellant.

Mr. William B. Saxbe, attorney general, Mr. J. Philip Redick and Mr. Langdon D. Bell, for appellee Public Utilities Commission.

Messrs. George, Greek, King & McMahon, Mr. Paul F. Beery and Mr. David L. Pemberton, for appellee Husman Express Company.

HERBERT, J.

There appears to be a material variance between the transportation service to be rendered as stated in the application, to wit, to and from Bryan, whereas Husman limits the service to delivery, first to Cincinnati, and then to other points.

It seems further to be undisputed that shippers out of Bryan may receive overnight service out of Cincinnati but not out of Bryan, and such service is limited to places and points within 100 miles from...

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