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RED BALL MOTOR FREIGHT, INC. v. PUBLIC UTILITIES COM'N

Nos. 25835, 25836.

525 P.2d 439 (1974)

RED BALL MOTOR FREIGHT, INC. and Ephraim Freightways, Inc., Petitioners-Appellants, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado and Thacker Bros. Transportation, Inc., Respondents-Appellees, and The Contract Carriers Conference, Amicus Curiae. THACKER BROS. TRANSPORTATION, INC., Petitioner-Appellee, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Respondent-Appellee, and Frederick A. Bethke, doing business as Bethke Truck Line, et al., Intervening Respondents-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 3, 1974.

Attorney(s) appearing for the Case

Jones, Meiklejohn, Kehl & Lyons, Edward T. Lyons, Jr., Kenneth R. Hoffman, Denver, for petitioners-appellants Red Ball Motor Freight, Inc. and Ephraim Freightways, Inc.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Irvin M. Kent, Eugene C. Cavaliere, Asst. Attys. Gen., John E. Archibold, Sp. Asst. Atty. Gen., Denver, for respondents-appellees.

John J. Conway, Denver, for amicus curiae, The Contract Carriers' Conference.

Stockton & Lewis, John H. Lewis, Ernest Porter, Denver, for petitioner-appellee, Thacker Bros. Transportation, Inc.

GROVES, Justice.

These two appeals arise from a single proceeding before the Public Utilities Commission. There resulted two actions for review in the district court, where they were consolidated, and the two appeals here have also been consolidated.

Thacker Bros. Transportation, Inc. (Thacker) held a contract carrier permit for areas from Denver south (southern routes) and from Denver north (northern routes). It applied for a certificate of public convenience...

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