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LEAMAN TRANSP. CO. v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. E. BROOKE MATLACK (07/13/54)

July 13, 1954

LEAMAN TRANSP. CO.
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION. E. BROOKE MATLACK, INC. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION. COASTAL TANK LINES, INC. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION



COUNSEL

Paul F. Barnes, Shertz, Barnes & Shertz, Philadelphia, for appellants.

Harris J. Latta, Jr., Philadelphia, Thomas M. Kerrigan, Asst. Counsel, Lloyd S. Benjamin, Counsel, Harrisburg for Pennsylvania Public Utility Commission.

Jefferson C. Barnhart, Harry H. Frank, McNees, Wallace & Nurick, Harrisburg, for Seaboard Tank Lines, Inc., intervening appellee.

Before Rhodes, P. J., and Hirt, Ross, Gunther, Woodside and Ervin, JJ.

Author: Rhodes

[ 175 Pa. Super. Page 554]

RHODES, President Judge.

These appeals are by competing carriers from an order of the Pennsylvania Public Utility Commission enlarging the rights of Seaboard Tank Lines, Inc., as

[ 175 Pa. Super. Page 555]

    a motor carrier of petroleum products in tank vehicles, and granting it a certificate of public convenience to transport such products, as a Class D carrier, between any two points in Pennsylvania within one hundred fifty miles of the Borough of Macungie, Lehigh County. The authority granted was in lieu of former complex, detailed, lesser rights held by Seaboard which covered in part the same territory.

From its headquarters in Scranton, Pennsylvania, Seaboard is presently operating forty-one tank trailer units for the transportation of petroleum products. Seaboard holds certificates authorizing interstate as well as intrastate carriage. Under its former authority it transported about 61,000,000 gallons for large oil shippers in 1952. Of this about 44 per cent, or 26,000,000 gallons, was intrastate transportation in Pennsylvania. In its application filed with the Commission on March 3, 1953, Seaboard set forth its existing intrastate authority at A. 71220, Folders 2, 3, 4, 5, and 6, as amended. The testimony showed that the present application by Seaboard was made because of a shift in the source of supply resulting from the establishment of new terminal points at Macungie, Allentown, and DuPont, through the facilities of the Buckeye Pipe Line Company recently extended into Pennsylvania. Much of Seaboard's traffic had formerly originated at New Jersey terminal points, and Seaboard's witnesses estimated that the opening of new terminal points on the Buckeye pipe line would bring about a substantial increase in its intrastate traffic.

Appellants (Leaman Transportation Company, E. Brooke Matlack, Inc., and Coastal Tank Lines, Inc.) protested the application. They are all presently engaged in transporting petroleum and petroleum products in tank motor vehicles between all points involved in Seaboard's contested application and beyond. The

[ 175 Pa. Super. Page 556]

Commission held hearings at which nine shipper witnesses, representatives of oil companies, testified on behalf of Seaboard. Representatives of each of the protestants also gave testimony. The Commission, on October 26, 1953, issued a short form order approving the application and canceling former certificates of Seaboard at A. 71220, Folders 2, 4, 5, and 6, as amended. We remanded the record to the Commission, which, on March 29, 1954, issued a supplementary confirmatory order granting Seaboard a certificate authorizing 'the transportation of petroleum and petroleum products, in bulk, in tank vehicles, ...


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