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COASTAL TANK LINES v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (09/16/60)

September 16, 1960

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



Appeals, Nos. 102, 103, and 104, Oct. T., 1960, from order of Pennsylvania Public Utility Commission, No. A. 81193, F. 1, Am-B, in case of Coastal Tank Lines, Inc. et al. v. Pennsylvania Public Utility Commission. Order reversed.

COUNSEL

Paul F. Barnes, with him Robert H. Shertz, Raymond A. Thistle, Jr., and Shertz, Barnes & Shertz, for protestants, appellants.

Edward Munce, Assistant Counsel, with him Thomas M. Kerrigan, Counsel, for Pennsylvania Public Utility Commission, appellee.

John A. Reilly, with him Francis J. Catania, for applicant, intervening appellee.

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

Author: Rhodes

[ 193 Pa. Super. Page 23]

OPINION BY RHODES, P.J.

These appeals are by protestants, Coastal Tank Lines, Inc., E. Brooke Matlack, Inc., and Leaman Transportation Company, from an order of the Pennsylvania Public Utility Commission. The order granted additional rights to applicant, Florence Murphy, t/d/b/a F. Brower, as follows: "To transport, as a class D carrier, oil and oil products, in bulk in tank trucks and tank trailers, from refineries, terminals and bulk plants in the City and County of Philadelphia and within 30 miles thereof to points in said territory."

Applicant holds a certificate from the Public Utility Commission granting her the limited right to transport, by motor vehicle, oil and oil products in bulk in tank trucks and tank trailers (1) from the Socony-Vacuum Oil Company, Inc., refinery in the City of Philadelphia to three specific consignees in Delaware County; and (2) from all refineries in and within twenty miles of the City of Philadelphia to a consignee in Montgomery County, and two consignees in Philadelphia County.

By application dated September 24, 1959, the applicant applied for the additional right to render such

[ 193 Pa. Super. Page 24]

    service from all refineries, terminals, and bulk plants in and within thirty miles of the City of Philadelphia to points in said territory. Protests to the application were filed by Coastal Tank Lines, Inc., E. Brooke Matlack, Inc., Leaman Transportation Company, and Chemical Tank Lines, Inc., on the ground that there was no need for such service beyond that which was being provided.

Following a hearing, the commission entered a short form order, dated February 8, 1960, granting applicant the additional authority requested, whereupon Coastal Tank Lines, Inc., E. Brooke Matlack, Inc., and Leaman Transportation Company appealed to this Court from said order. Upon petition the Court remanded the record to the commission which, on May ...


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