Opinion
Nos. 33639 and 33854
Decided February 24, 1954.
Motor transportation companies — Application for certificate of public convenience and necessity — Withdrawn while proceedings pending — Dismissal — Moot question.
APPEALS from the Public Utilities Commission.
ON MOTIONS to dismiss.
Duff Truck Line, Inc., a motor transportation company, filed with the Public Utilities Commission, appellee herein, an application for a certificate of public convenience and necessity authorizing the transportation of property. Commercial Motor Freight, Inc., a certificated common carrier, appellant herein, protested the granting of the certificate and appealed to this court from an order of the commission granting it. This court reversed the order because it did not provide the appellant a reasonable opportunity to determine what to do in order to comply therewith and because of failure of the commission to comply with Section 614-46 a, General Code, and remanded the cause to the commission for further proceedings. Commercial Motor Freight, Inc., v. Public Utilities Commission, 156 Ohio St. 360, 102 N.E.2d 842.
The commission thereafter issued to the appellant a new order, dated March 18, 1953, with a "60-day order" of compliance.
On May 18, 1953, an appeal to this court was perfected by Commercial Motor Freight, being case No. 33639, alleging that the findings and order of the commission were against the manifest weight of the evidence, unlawful and unreasonable. At a hearing on November 9, 1953, to determine whether the 60-day order had been complied with by appellant, Duff Truck Line withdrew its original application and moved for a dismissal thereof. The commission, on December 23, 1953, dismissed the application and ordered that all previous orders in the cause be vacated.
On January 12, 1954, Commercial Motor Freight again perfected an appeal to this court, being case No. 33854, alleging that the "findings and orders made and neglected to be made by appellee in its second final order are against the manifest weight of the evidence, unlawful and unreasonable."
The commission has filed a motion to dismiss the appeal in each case.
Mr. Elber J. Shover and Mr. Robert N. Krier, for appellant.
Mr. C. William O'Neill, attorney general, Mr. James M. Burtch, Jr., and Mr. Everett H. Krueger, Jr., for appellee.
Duff Truck Line, Inc., having withdrawn its application for a certificate of public convenience and necessity, the cases have become moot and the motions to dismiss are sustained on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeals dismissed.
WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.