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MORGAN DRIVE AWAY v. COMMONWEALTH PENNSYLVANIA (11/21/74)

decided: November 21, 1974.

MORGAN DRIVE AWAY, INC., APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE, AND BARRETT MOBILE HOME TRANSPORT, INC., INTERVENING APPELLEE. NATIONAL TRAILER CONVOY, INC., APPELLANT, V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA PUBLIC UTILITY COMMISSION, APPELLEE, AND BARRETT MOBILE HOME TRANSPORT, INC., INTERVENING APPELLEE



Appeals from the Order of the Pennsylvania Public Utility Commission in case of In the Matter of the Application of Barrett Mobile Home Transport, Inc., a corporation of the State of Minnesota -- For the right to begin: To transport, as a Class C carrier by motor vehicle, mobile homes and buildings, complete, knocked down, or in sections, from points in the County of Schuylkill, to points in Pennsylvania, No. A-96652.

COUNSEL

Christian V. Graf, for appellant, Morgan Drive Away, Inc.

James D. Campbell, Jr., with him Nauman, Smith, Shissler & Hall, for appellant, National Trailer Convoy, Inc.

Alfred N. Lowenstein, Assistant Counsel, with him Philip P. Kalodner, Counsel, for appellee.

John M. Musselman, with him Rhoads, Sinon & Reader for intervening appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Kramer.

Author: Kramer

[ 16 Pa. Commw. Page 294]

These are appeals filed by Morgan Drive Away, Inc. (Morgan) and National Trailer Convoy, Inc. (National) from an order of the Pennsylvania Public Utility Commission (PUC) dated April 29, 1974, granting to Barrett Mobile Home Transport, Inc. (Barrett) a certificate of public convenience to transport mobile homes and related items (as will be more fully explained hereinafter) from the producers of such products in Schuylkill County to points in Pennsylvania.

[ 16 Pa. Commw. Page 295]

The matter was commenced when, on May 7, 1971, Barrett filed an application for a certificate of public convenience under Section 203 of the Public Utility Law (Act), Act of May 28, 1937, P.L. 1053, as amended, 66 P.S. ยง 1123. The application requests in pertinent part, as follows: "To transport, as a Class C carrier, by motor vehicle, mobile homes and buildings, complete, knocked down, or in sections, from points in the County of Schuylkill to points in Pennsylvania."

Protests were filed by Morgan, National, and Transit Homes, Inc. (Transit). Hearings were held, and the Commission entered its short-form order on April 3, 1973, granting Barrett somewhat lesser rights than applied for, as follows: "To transport, as a Class C carrier, new mobile homes and buildings, complete or in sections, from producers facilities in the County of Schuylkill to points in Pennsylvania."

Morgan and National (but not Transit) filed appeals with this Court on April 24, and April 26, 1973, respectively. Barrett was then granted leave to intervene. The appeals were consolidated for purposes of argument. On October 2, 1973, the PUC issued its long-form order intended to set forth the PUC's findings of fact and conclusions of law in support of its order.

One of the points of contention raised by Morgan was that the PUC had failed to make the detailed findings of fact necessary for Morgan and this Court to determine the basis upon which the PUC based its conclusions on inadequacy of service and public need. As a result of that appeal, this Court, on February 28, 1974, remanded the matter to the PUC for the sole purpose of preparing, ...


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