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JONES MOTOR COMPANY v. PENNSYLVANIA PUBLIC UTILITY COMMISSION. (11/13/63)

November 13, 1963

JONES MOTOR COMPANY, INC., APPELLANT,
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION.



Appeal, No. 19, March T., 1963, from order of Pennsylvania Public Utility Commission, No. 59731, Folder 22, in case of Jones Motor Co., Inc. v. Pennsylvania Public Utility Commission et al. Order affirmed.

COUNSEL

Christian V. Graf, with him William J. Wilcox, for applicant, appellant.

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

James H. Booser, with him McNess, Wallace & Nurick, for intervening appellee.

Herbert S. Levy, for intervening appellee.

Robert H. Young, with him William E. Zeiter, and Morgan, Lewis & Bockius, for intervening appellees.

John E. Fullerton, for intervening appellee.

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

Author: Rhodes

[ 202 Pa. Super. Page 137]

OPINION BY RHODES, P.J.

This appeal is from an order of the Pennsylvania Public Utility Commission dated March 19, 1962, denying the application of Jones Motor Company, Inc., of April 9, 1957, for additional certificated authority as a motor carrier.*fn1 The application apparently was one

[ 202 Pa. Super. Page 138]

    of the most comprehensive ever presented to the commission.

The Commission refused the application on the ground that the granting of the application is not necessary for the convenience or accommodation of the public.*fn2 Appellant contends that the proof of the need for the proposed service and of the inadequacy of the existing service is clear.

On April 10, 1957, Jones Motor Company, Inc., filed its application with the commission. Hearings were held at various places in Pennsylvania between July 31, 1957, and February 16, 1960, requiring fifty-eight days. The record, supplemented by exhibits, totals more than 8,000 pages. There were 110 shipper witnesses and four carrier witnesses in support of the

[ 202 Pa. Super. Page 139]

    application. Protestants presented approximately 145 public shipper and receiver witnesses in opposition to the application, together with a large number of employes of protesting motor carriers. After the termination of the hearings, the commission, on March 21, 1960, issued an order providing for order nisi procedure before final order. Requests for findings and conclusions and voluminous briefs were filed. ...


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