45 Ohio St. 2d 207 | Ohio | 1976
The sole issue is whether the conditional issuance of irregular route certificates of public convenience and necessity to applicants was unreasonable or unlawful.
Appellant Robert Neff & Sons contends, in essence, that failure to afford it opportunity for presentment of evidence was unreasonable or unlawful. Robert Neff & Sons, however, was operating under the certificate originally issued to Sam Masters. Neff’s authority was temporary, pending approval by the commission of its application to purchase Masters’ authority. Under these circumstances, it was not unreasonable or unlawful for the commission to disallow the protest of one operating under such temporary authority, and, likewise, refusal to consider evidence from a holder of such temporary authority was not improper.
Appellants’ further contention is that no inadequacy of service was shown, as required by R. C. 4921.10, as to
For reason of the foregoing, the order of the Public Utilities Commission, being neither unreasonable nor unlawful, is affirmed.
Order affirmed.