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IN RE GRAY LINE HAWAI`I LTD.

Nos. 21839, 21915, 21916.

995 P.2d 776 (2000)

93 Hawai`i 45

In the Matter of the Application of GRAY LINE HAWAI`I, LTD. For Permanent Approval to Bifurcate Its Certificate of Public Convenience and Necessity to Operate in the Over-25 Passenger Classifications on the Islands Maui, Hawaii, and Kauai to Polynesian Adventure Tours, Inc. In the Matter of the Application of Gray Line Hawai`i, Ltd. For Permanent Approval to Bifurcate Its Certificate of Public Convenience and Necessity and to Transfer Its Authority to Operate in the 1 to 7, 8 to 25 and Over-25 Passenger Classifications on the Island of Oahu to RDH Transportation Services, Inc. In the Matter of the Application of Gray Line Hawai`i, Ltd. For Permanent Approval to Bifurcate Its Certificate of Public Convenience and Necessity and to Transfer Its Authority to Operate in the 1 to 7 and 8 to 25 Passenger Classification on the Islands of Maui, Hawaii, and Kauai to Aloha-State Tour & Transportation Co., Ltd.

Supreme Court of Hawai`i.

March 30, 2000.

Attorney(s) appearing for the Case

Lance Castroverde, on the briefs, for appellants Robert's Tours & Transportation, Inc., PHT, Inc., Trans Hawaiian-Hawai`i, Inc., Trans Hawaiian-Kauai, Inc., Trans Hawaiian-Maui, Inc., Trans Hawaiian-Oahu, Inc.

J. Douglas Ing, Wray H. Kondo, and Teri Y. Kondo (of Watanabe, Ing & Kawashima), on the briefs, for appellee Jack's Tours, Inc.

Rodney H. Ushida, on the briefs, for appellee Aloha-State Tour & Transportation Co., Ltd.

Steven Guttman and Alan Ma, on the briefs, for appellee Gray Line Hawai`i, Ltd.

Thomas W. Williams and Peter Y. Kikuta (of Goodsill Anderson Quinn & Stifel), on the briefs, for appellees Polynesian Adventure Tours, Inc. and RDH Transp. Services, Inc.

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, JJ., and Intermediate Court of Appeals Judge BURNS, Assigned by Reason of Vacancy.

Opinion of the Court by LEVINSON, J.

In appeal No. 21839, the appellant Robert's Tours and Transportation, Inc. (Robert's) has appealed: (1) the Public Utilities Commission's (PUC's) decision and order filed on July 1, 1998 (order No. 16399), which granted the application of the appellee Gray Line Hawai`i, Ltd. (Gray Line) (a) to bifurcate those portions of its Certificate of Public Convenience and Necessity (CPCN) that authorized a common carrier by motor vehicle...

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