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COASTAL TANK LINES v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (03/18/59)

March 18, 1959

COASTAL TANK LINES, INC. ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 275, 276, and 277, Oct. T., 1958, from order of Pennsylvania Public Utility Commission, Docket No. 85065, in case of Coastal Tank Lines, Inc. et al. v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Paul F. Barnes, with him Shertz, Barnes & Shertz, for protestants, appellants.

Louis J. Carter, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

James W. Hagar, with him McNees, Wallace & Nurick, for applicant, intervening appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Hirt

[ 189 Pa. Super. Page 54]

OPINION BY HIRT, J.

Our Public Utility Commission, in the order before us, issued a permit to Pamco Inc., authorizing it: "To transport, as a contract carrier, fats, entrails, bones, animal protein, meat and bone scrap, tankage, bone meal, residue of packing-house offal (semi-processed), dried blood, greases, tallows and processed articles and materials made from the above-described commodities;

[ 189 Pa. Super. Page 55]

    and equipment, products and materials used in processing and packaging the above commodities for Inland Products, Inc., from its plant in the City of Pittsburgh, Allegheny County, to points in Pennsylvania, and vice versa." The application was made to the Commission by Pamco, pursuant to an agreement entered into with Inland Products, Inc., by which it undertook when authorized by the Commission, to transport by motor vehicle all raw materials from collection points in Pennsylvania to Inland's processing plant on Herr's Island in Pittsburgh; and to transport the finished products of the plant from Pittsburgh to consignees wherever located in Pennsylvania. Protests were filed by a number of certificated common carriers, three of which appealed from the order.

Inland Products, Inc., serves butcher shops, hotels, packing houses and supermarkets by picking up animal protein wastes described, as above quoted, in the order. These so-called "green" or raw materials are delivered to terminals at Johnstown, Uniontown and New Brighton in Pennsylvania which serve as collection points. Under its contract Pamco will provide specially built dump trailers with steel partitions, to separate various classes of raw materials, as well as open van trailers for hauling drums of raw fats and the like, and will deliver the raw materials from the collection points, at the terminals, to Inland's plant in Pittsburgh. Open top, and tank trailers will also be supplied for the delivery of finished animal feed or other products, and tallow, from Inland's processing plant, to dealers throughout Pennsylvania.

The financial ability and the fitness of Pamco to perform the service have not been questioned. Hauling packing house waste products as a contract carrier, has been its business for fifteen years. In that service ...


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