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MELLOW YELLOW TAXI v. PUBLIC UTILITIES COM'N

No. 80SA382.

644 P.2d 18 (1982)

MELLOW YELLOW TAXI COMPANY, Plaintiff-Appellant, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado and Edythe S. Miller, Daniel E. Muse and L. Duane Woodard, as the members thereof; Hy-Mountain Transportation, Inc.; Yellow Cab of Junction; Philip L. Sullivan, doing business as Cloud-9 Tours; Glenn C. Brand, doing business as Elk Mountain Tours; Airport Limousine, Inc.; Yellow Cab, Inc.; and Continental Bus Systems, Inc., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

April 12, 1982.

Attorney(s) appearing for the Case

John P. Thompson, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for the Public Utilities Commission and Edythe S. Miller, Daniel E. Muse and L. Duane Woodard, as members thereof.

John J. Conway, Denver, for Hy-Mountain Transp., Inc.

ROVIRA, Justice.

This is an appeal from a judgment of the Denver District Court affirming a decision of the Public Utilities Commission (PUC) granting Hy-Mountain Transportation, Inc. (Hy-Mountain), authority to operate a common-carrier taxi, limousine, and package delivery service in Aspen, Colorado. We affirm.

In 1979 Hy-Mountain filed an application with the PUC for a certificate of public convenience and necessity to operate as a common carrier by motor...

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