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

June 15, 1960

REEDER, APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 37, March T., 1960, from order of Pennsylvania Public Utility Commission, No. A. 83930, Folder 3, in case of Ernest G. Reeder, trading and doing business as Reeder's Coach Service v. Pennsylvania Public Utility Commission. Order affirmed.

COUNSEL

G. Thomas Miller, with him L. K. W. Deininger, and Bailey, Pearson, Miller & Bolton, for protestant, appellant.

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

Cassin W. Craig, with him Morris Gerber, and Wisler, Pearlstine & Talone, for applicant, intervening appellee.

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

Author: Rhodes

[ 192 Pa. Super. Page 300]

OPINION BY RHODES, P.J.

This is an appeal by the protestant Ernest G. Reeder, trading and doing business as Reeder's Coach Service, from an order of the Pennsylvania Public Utility Commission granting additional rights to Frederick J. Whalen, trading and doing business as Pen-Del Coach Lines, Inc., as follows: "To transport, as a common carrier, groups and parties of persons from points in the City of Coatesville, the Borough of Atglen, and the Township of Valley, Chester County, to points in Pennsylvania."

Applicant Whalen has a certificate from the Public Utility Commission to transport, as a common carrier by motor vehicle, persons on schedule over a fixed route between the City of Coatesville and the Borough of Atglen, Chester County. Applicant is also certificated by the Interstate Commerce Commission to engage in interstate bus service from the City of Coatesville, Pennsylvania, to Claymont, Delaware. His certificate covers bus service on the fixed route as well as interstate charter and excursion rights.

Protestant Reeder has group and party rights in the territory including City of Coatesville, Borough of Modena, East Fallow Field, West Brandywine, East Brandywine, Sadsbury, West Sadsbury, Valley, Borough of Parkesburg, and Borough of Atglen to points in Pennsylvania. Protestant has no fixed route operation.

The fixed route of applicant was originally operated by Brandywine Transport Company which became defunct in 1957. Brandywine also provided group and party service during the time of its operation. The fixed route rights were granted to applicant on February 2, 1959, and have not been questioned. Protestant has filed his protest to the application as it pertains to the group and party service.

[ 192 Pa. Super. Page 301]

At the hearing before the commission on February 17, 1959, applicant by amendment limited the scope of his application. The commission limited applicant's rights to the extent set forth in its order. It is to be noted that protestant ...


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