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FREIGHTWAYS, INC. v. ARIZ. CORP. COM'N

No. 15087.

129 Ariz. 245 (1981)

630 P.2d 541

FREIGHTWAYS, INC., dba Arizona Couriers, an Arizona Corporation, Petitioner, v. The ARIZONA CORPORATION COMMISSION, Bud Tims, Jim Weeks and John Ahearn, as Members of Said Commission, and Purolator Courier Corp. a New York corporation, and Dial-A-Messenger, Inc. an Arizona corporation, Real Parties in Interest, Respondents.

Supreme Court of Arizona.

Rehearing Denied March 10, 1981.

Attorney(s) appearing for the Case

Yankee, Bernstein & Lutich, P.C. by Thomas W. McLellan and A. Michael Bernstein, Phoenix, for petitioner.

Robert K. Corbin, Atty. Gen. by Charles S. Pierson, Asst. Atty. Gen., Phoenix, for Arizona Corp. Commission.

Evans, Hammond & Milliken by Phil B. Hammond and John R. Tellier, Phoenix, for Purolator Courier Corp.

CAMERON, Justice.

We granted this petition for special action pursuant to Rule 7(a), Rules of Procedure for Special Actions, 17A A.R.S., and Article 6, § 5 of the Arizona Constitution because this is a matter of state-wide importance and there is no equal, plain, speedy and adequate remedy by appeal.

We must answer the following question: Is the Arizona corporation Commission estopped to deny the validity of a certificate of public convenience and necessity...

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