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BYERLY et al. v. PA. P.U.C.

440 Pa. 521 (1970)

Byerly et al., Appellants, v. Pennsylvania Public Utility Commission.

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

S. Berne Smith, with him McNees, Wallace & Nurick, for appellants.

D.J. Ferraro, Assistant Counsel, with him Paul Silverstein, Counsel, for Pennsylvania Public Utility Commission, appellee.

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

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE COHEN, October 9, 1970:

These are appeals from two orders of the Superior Court affirming orders of the Public Utility Commission. Two proceedings were brought before the PUC. In one D.R. Whitmer Sons sought to acquire by transfer the certificates of public convenience as a common carrier by motor vehicle issued to Charles Forney. In that action Byerly's Service, Registered was the protestant. In the other action Byerly's Service, Registered...

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