(490 P.2d 697)

Duffy Storage Moving Company v. The Public Utilities Commission of the State of Colorado, Watson Bros. Van Lines and Heavy Hauling Company, and R. E. Robinson, Doing Business as Bowers Son.

No. 25070.Supreme Court of Colorado.
Decided November 29, 1971.

Action requesting transfer of certificate of authority for general cartage. Public Utilities Commission granted the request. District Court reversed the order of the Commission and an appeal was taken.

Reversed.

Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Judge.

McNichols, Nigro Baldridge, Joseph F. Nigro, for plaintiff-appellee.

Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Robert E. Commins, Assistant, John E. Archibold, Assistant, for respondent-appellant, The Public Utilities Commission.

Jones, Meiklejohn, Kehl Lyons, Edward T. Lyons, Jr., for respondents-appellants, Watson Bros. Van Lines and Heavy Hauling Company, and R. E. Robinson, doing business as Bowers Son.

En Banc.

PER CURIAM.

Upon confession of error by the Plaintiff-Appellee and its agreement for

Page 421

judgment to be entered summarily, it is hereby ordered, adjudged and decreed that the judgment of the district court in this matter be reversed and the matter is remanded to the district court with instructions to enter a judgment affirming decision No. 74021 of the Public Utilities Commission of the State of Colorado, each party to bear his or its own costs in this Court and in the court below.

MR. JUSTICE LEE not participating.

Tagged: