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HIGHWAY EXPRESS LINES v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (04/13/61)

April 13, 1961

HIGHWAY EXPRESS LINES, INC. ET AL., APPELLANTS,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeals, Nos. 281 to 284, inclusive, and 286, April T., 1960, from order of Pennsylvania Public Utility Commission, No. A 73834, F. 2 Am-B, in case of Highway Express Lines, Inc. et al. v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Raymond A. Thistle, Jr., with him Jerome Solomon, Paul F. Barnes, and Shertz, Barnes & Shertz, for appellants.

William A. Goichman, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, for Pennsylvania Public Utility Commission, appellee.

Edward Goldberg, for applicant, intervening appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 195 Pa. Super. Page 94]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the Pennsylvania Public Utility Commission amending the common carrier certificate of Breman's Transfer Company to permit it to transport, as a Class D carrier, property for A.P. Green Fire Brick Co. from its plant in the borough of Tarentum, Allegheny County, to points in Pennsylvania and vice versa.

[ 195 Pa. Super. Page 95]

The application was opposed by 17 carriers. After a short form order was issued by the commission on August 22, 1960, granting the extended certificate of public convenience to the applicant (to which we shall hereafter refer as Breman), five of the protesting carriers appealed to this Court. As is the custom, the record was returned to the commission for a long form order, which it issued on January 4, 1961.

The appellants sought a supersedeas which this Court refused to grant. We did, however, issue a rule to show cause why a supersedeas should not be granted, and made it returnable at the time of the argument on the merits. As we are affirming the commission's order, the supersedeas is refused.

A.P. Green Fire Brick Co. (which we shall hereafter call Green), is engaged in the manufacture of refractory products used primarily in the construction and repair of industrial furnaces. It has plants, warehouses and offices throughout the United States. Its main office and plant is in Mexico, Missouri. Among its other plants is one in Ohio and another in Climax, Pa. It also has a distribution division in Philadelphia and warehouses in Titusville and Williamsport. It has contracts with several independent companies in Pennsylvania for exclusive distribution of its products, including one in Harriburg and another in Sharpsburg. Green had been serving its Pennsylvania customers from the Climax plant and from plants outside of the Commonwealth.

In 1959, Green started construction of a large plant in the Borough of Tarentum, Allegheny County, for the manufacture and warehousing of basic refractory products. The plant was scheduled to be in production by June of 1960, and the company estimated it would be producing its products at the rate of 1000 tons a month for ...


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