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FERRY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (06/15/60)

June 15, 1960

FERRY, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 42, March T., 1960, from order of Pennsylvania Public Utility Commission, Complaint Docket No. 16955, in case of Kenneth W. Ferry v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

Christian V. Graf, for appellant.

Daniel F. Joella, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

Paul F. Barnes, with him Robert H. Shertz, and Shertz, Barnes & Shertz, for intervening appellees.

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

Author: Gunther

[ 192 Pa. Super. Page 332]

OPINION BY GUNTHER, J.

This appeal, by Kenneth W. Ferry, is from the order of the Pennsylvania Public Utility Commission directing him to cease and desist from further engaging

[ 192 Pa. Super. Page 333]

    in the bulk transportation of gasoline or fuel oil in competition with other carriers specifically certificated to perform such services.

Coastal Tank Lines, Inc., William F. Crossett, Inc., Leaman Transportation Corporation and E. Brooke Matlack, Inc., certificated carriers to transport liquids in bulk in tank vehicles, filed a complaint with the Pennsylvania Public Utility Commission against Kenneth W. Ferry, alleging that appellant here had engaged in the bulk transportation of gasoline or fuel oil in tank trucks or vehicles without first having obtained a certificate of public convenience authorizing such transportation. The specific violations charged against appellant occurred on May 12 and 13, 1958, and included shipments of 6,600 gallons of gasoline to Lock Haven, Pennsylvania; 5,600 to 6,600 gallons of gasoline or fuel oil to Bedford, Pennsylvania, and 5,600 to 6,600 gallons of gasoline to Philipsburg, Pennsylvania. The complaint also charged a weight limitation violation which exceeded that authorized in Kenneth W. Ferry's certificate of public convenience issued at Application Docket No. 64834, Folder 1, Amendment B.

Appellant filed an answer and motion to dismiss the complaint, admitting the transportation of said fuels. He averred that he was authorized to engage in such transportation by virtue of the authority granted to him in his certificate of authority. The motion to dismiss the complaint was refused and hearings on the complaint were held on July 9 and September 16, 1958. Thereafter, the Commission, by its order dated September 21, 1959, found that appellant's certificate did not authorize him to engage in the bulk transportation of ...


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