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WHEELER v. HALEY

248 Or. 343 (1967)

434 P.2d 335

WHEELER, Respondent, v. HALEY, PUBLIC UTILITY COMMISSIONER, Appellant.

Supreme Court of Oregon.

Reversed November 29, 1967.

Attorney(s) appearing for the Case

Leon L. Hagen, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and Richard W. Sabin, Assistant Attorney General, Salem.

Ervin B. Hogan, Medford, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED.

McALLISTER, J.

The Public Utility Commissioner appeals from a decree of the circuit court for Jackson county vacating his order cancelling for nonuse the plaintiff's contract carrier permit.

There is no dispute about the facts. The plaintiff Wheeler for some years was the holder of a class 2B permit issued by the Commissioner authorizing the plaintiff to transport, as a contract carrier, logs, poles...

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