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DGP TRUCKING CO. v. FOPA TRUCKING CO.

No. 1 CA-CIV 3197.

26 Ariz. App. 195 (1976)

547 P.2d 47

DGP TRUCKING CO., Appellant, v. FOPA TRUCKING CO. (formerly John McCabe Trucking, Inc.), Pacific Motor Trucking Company, Thunderbird Freight Lines, Inc., Reliance Truck Co., Pima Transportation, Inc., Cement Transporters, Inc., and Svennson Freight Lines, Inc., Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied April 23, 1976.

Review Denied May 25, 1976.

Attorney(s) appearing for the Case

Richard J. Herbert, Phoenix, for appellant.

Evans, Kitchel & Jenckes, P.C. by Earl H. Carroll, Phoenix, for appellees Pacific Motor Trucking Co. and Thunderbird Freight Lines, Inc.

Otto H. Linsenmeyer, Phoenix, for appellee Fopa Trucking Co.

Yankee & Bernstein by A. Michael Bernstein, Phoenix, for appellees Reliance Truck Co., Pima Transportation, Inc., Cement Transporters, Inc. and Svennson Freight Lines, Inc.

OPINION

SCHROEDER, Judge.

This is an appeal from a Superior Court judgment vacating the issuance by the Arizona Corporation Commission of a Certificate of Public Convenience and Necessity to the appellant. The trial court's judgment was based upon findings and conclusions of law that the Corporation Commission had acted arbitrarily, unreasonably and in excess of its authority by failing to give the appellees, who are other

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