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BRINK'S INCORPORATED v. PA. P.U.C.

No. 1612 C.D. 1979.

54 Pa.Commw. 452 (1980)

Brink's Incorporated, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Brooks Armored Car Service, Inc., Intervenor.

Commonwealth Court of Pennsylvania.

November 6, 1980.

Attorney(s) appearing for the Case

Herbert R. Nurick, McNees, Wallace & Nurick, for petitioner.

Eric A. Rohrbaugh, Assistant Counsel, with him Alfred N. Lowenstein, Deputy Chief Counsel, and George M. Kashi, Chief Counsel, for respondent.

William M. Barnes, with him George P. Williams, III, Schnader, Harrison, Segal & Lewis, for intervenor.

Argued September 8, 1980, before Judges WILKINSON, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., November 6, 1980:

The petitioner would have this Court reverse the order of respondent, Public Utility Commission (Commission) granting intervenor (Brooks) certain motor carrier operating authority as a contract carrier on the grounds that Brooks did not establish its fitness.1 We agree and reverse.

Brooks has what it calls an affiliate (WFB) which has contract carrier rights in Philadelphia; WFB...

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