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B.B. MOTOR CARRIERS, INC. ET AL. v. PA. P.U.C.

No. 412 C.D. 1977.

36 Pa.Commw. 26 (1978)

B.B. Motor Carriers, Inc. et al., Petitioners v. Commonwealth of Pennsylvania, Pennsylvania Public Utility Commission, Respondent; Smith Hauling, Inc., Intervenor.

Commonwealth Court of Pennsylvania.

June 8, 1978.

Attorney(s) appearing for the Case

Christian V. Graf, with him Jerome Solomon, for appellants.

William T. Hawke, Assistant Counsel, with him Alfred N. Lowenstein, Assistant Counsel, and Barnett Satinsky, Chief Counsel, for appellee.

R. Edward Ferraro, for intervening appellee.

Argued March 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE DiSALLE, June 8, 1978:

This case comes before this Court upon a petition to review an order of the Pennsylvania Public Utility Commission (PUC) granting a certificate of public convenience to Smith Hauling, Inc. (Smith). Smith had filed an application with the PUC for authority

To transport machinery which because of its size or weight, requires special handling or the use of special...

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