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MORGAN DRIVE AWAY, INC. v. P.U.C. and EMIG

Appeals, Nos. 193 C.D. 1971 and 205 C.D. 1971.

6 Pa.Commw. 229 (1972)

Morgan Drive Away, Inc. v. P.U.C. and Emig, Intervenor. National Trailer Convoy, Inc. v. P.U.C. and Emig, Intervenor.

Commonwealth Court of Pennsylvania.

July 31, 1972.

Attorney(s) appearing for the Case

Christian V. Graf, for appellant, Morgan Drive Away, Inc.

James D. Campbell, Jr., with him Nauman, Smith, Shissler & Hall, for appellant, National Trailer Convoy, Inc.

Alfred N. Lowenstein, Assistant Counsel, with him Philip P. Kalodner, Counsel, and Edward Munce, Acting Counsel, for appellee.

Richard W. Roeder, with him Mahany & Roeder, for intervenor.

Argued June 5, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE CRUMLISH, JR., July 31, 1972:

The Pennsylvania Public Utility Commission approved the application of Joseph W. Emig (transferee, trading and doing business as Colonial Estates Mobile Home Sales) to acquire by transfer the certificate of public convenience as a common carrier by motor vehicle issued in 1966 to Bud L. Rice (transferor). The transferee had purchased, by option, and applied for transfer of the transferor's certificate to transport used...

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