Opinion
December 1, 1961.
March 13, 1962.
Before BELL, C. J., MUSMANNO, JONES, COHEN and EAGEN, JJ.
Appeals, Nos. 332, 333, 334, 335, 336, 337, 338, 339, 342, 343, 344, 345, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 369, 370, 371, 372, Jan. T., 1961, Nos. 188, 191, 193, 194, 195, 196, 197, 208, March T., 1961, from order of Superior Court, Oct. T., 1960, Nos. 193, 194, 195, 196, and April T., 1960, No. 179, reversing order of Public Utility Commission, Docket Nos. A. 74103, 86242, 67250, 34468 and 75766, in case of Chemical Tank Lines, Inc. et al. v. Pennsylvania Public Utility Commission et al. Order affirmed.
Same case in Superior Court: 193 Pa. Super. 607.
Proceedings before Pennsylvania Public Utility Commission on applications of motor carriers for authority to transport cement.
Order entered dismissing applications. Applicants appealed to the Superior Court, which reversed the order of the commission. Appeals by Pennsylvania Public Utility Commission and by protestants to Supreme Court allowed.
Miles Warner, Assistant Counsel, with him Joseph I. Lewis, Chief Counsel, and David Stahl, Attorney General, for Pennsylvania Public Utility Commission, appellant.
Harry H. Frank, with him Richard H. Rea, Robert J. Stewart, Christian V. Graf, and McNees, Wallace Nurick, and Anderson, Ports, May, Beers, Blakey Stewart, for protestant carriers, appellants.
Carl Helmetag, Jr., with him Richard E. Costello, Lockwood W. Fogg, Jr., Malcolm R. Warnock, and Harris J. Latta, Jr., for protestant railroads, appellants.
Robert H. Shertz, with him Don B. Blenko, Robert H. Young, and Morgan, Lewis Bockius, for applicants, appellees.
Robert R. Wertz, for cement producer, appellee.
Thomas E. Weaver and Weaver Weaver, for cement producer, interested party, under Rule 46.
George F. Coffin, for cement producer, interested party, under Rule 46.
Louis M. Stamberg and Morris Gerber, for cement producer, interested party, under Rule 46.
W. Alan Baird, for cement producer, interested party, under Rule 46.
Bernard Eskin, Martin B. Louis, and Wolf, Block, Schorr and Solis-Cohen, for cement producer, interested party, under Rule 46. Ernest Scott, and Pepper, Hamilton Scheetz, for cement producer, interested party, under Rule 46.
John F. Headly, George G. Chandler, and Montgomery, McCracken, Walker Rhoads, for cement producer, interested party, under Rule 46.
J. H. Ward Hinkson, for cement producer, interested party, under Rule 46.
James McI. Henderson, General Counsel, and Joseph J. Gercke, Chief, Compliance Division, Bureau of Restraint of Trade, Federal Trade Commission, of the Washington, D.C. Bar, for Federal Trade Commission, amicus curiae, under Rule 46.
The order of the Superior Court is affirmed upon the opinion of President Judge RHODES, reported in 193 Pa. Super. 607, 165 A.2d 668 (1960).
Justice ALPERN took no part in the consideration or decision of these appeals.