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COMMONWEALTH PENNSYLVANIA v. D'AGATA NATIONAL TRUCKING CO. (07/01/76)

decided: July 1, 1976.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA PUBLIC UTILITY COMMISSION
v.
D'AGATA NATIONAL TRUCKING CO., APPELLANT. C & R TRANSPORT, INC., INTERVENING APPELLEE



Appeal from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of C & R Transport, Inc., Application Docket No. 98825 entered October 3, 1975.

COUNSEL

Alan Kahn, with him, of counsel, Kahn, Bushman, Rosenberg & Weisberg, for appellant.

R. Knickerbocker Smith, Jr., Assistant Counsel, with him Alfred N. Lowenstein, Assistant Counsel, and Edward J. Morris, Counsel, for appellee.

Emanuel G. Weiss, with him, of counsel, Mark Charleston, for intervening appellee.

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

Author: Kramer

[ 25 Pa. Commw. Page 366]

This is an appeal by D'Agata National Trucking Company from an order of the Pennsylvania Public Utility Commission (PUC), which granted a certificate of public convenience to C & R Transport, Inc. The only issue is whether the Commission's adjudication is supported by substantial evidence. We hold that it is and affirm.

On June 17, 1974, C & R Transport, Inc. filed an application with the PUC requesting the grant of certificate of public convenience authorizing C & R:

"To transport, as a common carrier, malt, brewed beverages and advertising materials, between points in the City and County of Philadelphia, and from points in the said City and County to points in Pennsylvania,

[ 25 Pa. Commw. Page 367]

    and the return of empty containers and pallets, and malt, brewed beverages and advertising materials, between points in the City of Norristown, Montgomery County, and from points in the said City, to points in Pennsylvania, and the return of empty containers and pallets." (Emphasis added.)

C & R's application contained the following provision:

"11. If the evidence presented in support of this application shows that applicant, although applying for a certificate of public convenience as a common carrier, would be entitled to a permit as a contract carrier, or if applying for a permit, would be entitled to a certificate, as aforesaid, applicant agrees that the ...


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