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BYERLY APPEAL (10/30/69)

decided: October 30, 1969.

BYERLY APPEAL


Appeals from orders of Pennsylvania Public Utility Commission, Nos. 18547 and 87069, in case of Oscar H. Byerly et al. v. Pennsylvania Public Utility Commission.

COUNSEL

Robert H. Griswold, with him S. Berne Smith, and McNees, Wallace & Nurick, for appellants.

Herbert E. Squires, Assistant Counsel, with him Paul Silverstein, Counsel, for Pennsylvania Public Utility Commission, appellee.

Leonard R. Apfelbaum, with him Sidney Apfelbaum, for intervenors, appellees.

Arthur R. Littleton, James W. Patterson, and Morgan, Lewis & Bockius, for amicus curiae.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Montgomery, J. Jacobs, J., joins in this dissenting opinion.

Author: Per Curiam

[ 215 Pa. Super. Page 305]

Orders affirmed.

Disposition

Orders affirmed.

Dissenting Opinion by Montgomery, J.:

I respectfully dissent. The Certificate of Public Convenience, under which the transfer of the rights of Charles H. Forney to D. R. Whitmer Sons was approved by the Public Utility Commission in this case, had been held by Forney since 1961. Under it Forney was authorized as a common carrier to transport building supplies, building materials, sand, gravel and coal in central Pennsylvania. However, Forney testified that he had transported only coal under the Certificate from 1961 to 1965 and had transported nothing thereafter. There being no further evidence in the record that there was a public need for these services, the ...


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