PUC v. D'AGATA NATIONAL TRUCKING CO.

No. 1306 C.D. 1975.

25 Pa.Commw. 365 (1976)

Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission v. D'Agata National Trucking Co., Appellant. C & R Transport, Inc., Intervening Appellee.

Commonwealth Court of Pennsylvania.

July 1, 1976.


Attorney(s) appearing for the Case

Alan Kahn, with him, of counsel, Kahn, Bushman, Rosenberg & Weisberg, for appellant.

R. Knickerbocker Smith, Jr., Assistant Counsel, with him Alfred N. Lowenstein, Assistant Counsel, and Edward J. Morris, Counsel, for appellee.

Emanuel G. Weiss, with him, of counsel, Mark Charleston, for intervening appellee.

Argued February 4, 1976, before President Judge BOWMAN and Judge CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE KRAMER, July 1, 1976:

This is an appeal by D'Agata National Trucking Company from an order of the Pennsylvania Public Utility Commission (PUC), which granted a certificate of public convenience to C & R Transport, Inc. The only issue is whether the Commission's adjudication is supported by substantial evidence. We hold that it is and affirm.

On June 17, 1974, C & R Transport, Inc. filed an application with the PUC requesting the grant...

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