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BYERLY APPEAL

215 Pa.Super. 304 (1969)

Byerly Appeal.

Superior Court of Pennsylvania.

October 30, 1969.

Attorney(s) appearing for the Case

Robert H. Griswold, with him S. Berne Smith, and McNees, Wallace & Nurick, for appellants.

Herbert E. Squires, Assistant Counsel, with him Paul Silverstein, Counsel, for Pennsylvania Public Utility Commission, appellee.

Leonard R. Apfelbaum, with him Sidney Apfelbaum, for intervenors, appellees.

Arthur R. Littleton, James W. Patterson, and Morgan, Lewis & Bockius, for amicus curiae.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION PER CURIAM, October 30, 1969:

Orders affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I respectfully dissent. The Certificate of Public Convenience, under which the transfer of the rights of Charles H. Forney to D.R. Whitmer Sons was approved by the Public Utility Commission in this case, had been held by Forney since 1961. Under it Forney was authorized as a common carrier to transport building supplies, building materials, sand, gravel and...

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