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BRINK'S v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (01/29/81)

decided: January 29, 1981.

BRINK'S, INCORPORATED, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PAGERLY DETECTIVE AND SECURITY AGENCY, INC., INTERVENOR. PUROLATOR SECURITY, INC. AND PUROLATOR COURIER CORP., PETITIONERS V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. PAGERLY DETECTIVE AND SECURITY AGENCY, INC., INTERVENOR



Appeals from the Order of the Pennsylvania Public Utility Commission in cases of Application of Pagerly Detective & Security Agency, Inc. for the issuance of a Certificate authorizing the transportation of monies, bullion, valuables, negotiable instruments, books of account, securities, bank statements, checks, drafts, non-negotiable papers, valuable papers and documents, between points in the Counties of Lebanon, Lancaster, Dauphin, York, Chester, Montgomery, Lehigh, Schuylkill, Bucks, Delaware, Berks, Northampton, Cumberland, Perry and Philadelphia; provided that service shall be limited to banks, bank branches, corresponding banks and bank customers in banking transactions, which is to be in lieu of the rights authorized under the Contract Carrier Permit issued the applicant at A.99238, F.1, Docket No. A.99238, F.1, Am-A.

COUNSEL

Herbert R. Nurick, McNees, Wallace & Nurick, for petitioner, Brink's Incorporated.

James W. Patterson, Harper, George, Buchanan & Driver, for petitioner, Purolator Security, Inc. and Purolator Courier Corp.

Robert A. Christianson, Assistant Counsel, with him Joseph J. Malatesta, Jr., Deputy Chief Counsel, and Alfred N. Lowenstein, Deputy Chief Counsel, for respondent.

Raymond A. Thistle, Jr., for intervenor.

Judges Mencer, Blatt and Craig, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 56 Pa. Commw. Page 372]

Brink's, Incorporated (Brink's), Purolator Security, Inc. (Purolator Security), and Purolator Courier Corp. (Purolator Courier) have appealed an order of the Public Utility Commission (PUC) which granted to Pagerly Detective and Security Agency, Inc. (Pagerly) the right to provide contract carrier service to certain customers in the Counties of Schuylkill, Lebanon,

[ 56 Pa. Commw. Page 373]

Lancaster, Berks, Chester, and Montgomery and from those customers to Federal Reserve member banks in Philadelphia. We affirm.

[ 56 Pa. Commw. Page ]

Prior to the PUC order in question, Pagerly was authorized to render armored car and courier service as a contract carrier for the American Bank and Trust Company of Pennsylvania (American Bank) between its various branches in the seven counties listed above and certain banks in Philadelphia. Pagerly wished to expand its service to include various customers of the American Bank throughout the area, and so it filed an application for certification as a Class D common carrier. After a hearing, the Administrative Law Judge entered an initial decision granting the application. This decision was modified by the PUC to grant contract carrier authority to Pagerly

[t]o transport by motor vehicle, as a contract carrier, currency, coin, bullion, negotiable instruments, bonds, securities, checks, drafts, books of account, valuable papers and documents and non-negotiable papers for its customers between points in and among the counties of Schuylkill, Lebanon, Lancaster, Lehigh, Berks, Chester and Montgomery and from such points to any corresponding member bank of the Federal Reserve Bank of Philadelphia, in the City and County of Philadelphia, and vice versa;

     subject to the following condition:

     that the service described above shall be limited to banks, bank branches, corresponding banks and bank customers in connection with ...


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