Santa Fe Trail Transp. Co. v. State, 42908

• Decision Date: 27 January 1970
• Docket Number: No. 42908,42908
• Parties: The SANTA FE TRAIL TRANSPORTATION COMPANY, a corporation, Plaintiff in Error, v. The STATE of Oklahoma, the Corporation Commission of the State of Oklahoma and Keystone Truck Lines, Inc., Defendants in Error.
• Court: Oklahoma Supreme Court

Page 791

468 P.2d 791

The SANTA FE TRAIL TRANSPORTATION COMPANY, a corporation, Plaintiff in Error, v. The STATE of Oklahoma, the Corporation Commission of the

State of Oklahoma and Keystone Truck Lines, Inc.,

Defendants in Error.

No. 42908.

Supreme Court of Oklahoma.

Jan. 27, 1970.

Rehearing Denied April 7, 1970.

Appeal from the Corporation Commission of the State of Oklahoma.

Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, for plaintiff in error.

Robert L. Mills, Asst. Gen. Counsel, Oklahoma City, for defendant in error, Oklahoma Corp. Comm.

David D. Brunson, Oklahoma City, for defendant in error, Keystone Truck Lines, Inc.

WILLIAMS, Justice.

This is an appeal by Santa Fe Trail Transportation Co. ('Santa Fe') from an order of this State's Corporation Commission granting Keystone Truck Lines, Inc., ('Keystone') authority to operate a Class 'A' interstate and intrastate motor carrier service over certain specified routes between Oklahoma City and Okeene, Southard and Canton, Oklahoma and unitizing and consolidating the territory covered under the authority of the new certificate and the territory which Keystone already served under authority contained in various certificates previously issued by the Commission.

The above order was entered in a proceeding in which two separate causes filed by Keystone had been consolidated for hearing. In Cause Number MC 19780, Keystone sought a consolidated and unitized certificate authorizing Class 'A' motor carrier service to, from and between all points and over all routes authorized by certificates numbered A--1081, A--1082, A--1083, A--1118, and A--1119, previously issued by the Commission to Keystone. In summary, the certificates previously issued to Keystone authorized motor carrier service between Enid and Tulsa, Oklahoma; between Enid and Fairview via Meno, Lahoma and Ringwood; between Fairview and Woodward via Cestos, Vici and Sharon; between Enid and Woodward via Orienta; between Tulsa and Enid via Tonkawa (with certain restrictions); between Enid and Chickasha; and, between Oklahoma City and Gotebo via Blanchard, Chickasha, Verden, Anadarko, Fort Cobb, Carnegie and Mountain View. In its application filed in MC 19780, Keystone also sought certain alternative routes between some of the above towns and cities.

In its application filed in cause number MC 20094, Keystone sought authority to operate a motor carrier service between Oklahoma City and Okeene, Southard and Canton via State Highway 3, U.S. Highway 81 and State Highway 51 and between Fairview and State Highway 51 via State Highways 8 and 58. Keystone also sought to have the requested authority unitized with all present authority held or future authority to be issued by the Corporation Commission.

After hearing evidence in the two causes, the referee entered his report recommending that Keystone's two applications be granted with the exception of certain requested alternate routes. Santa Fe was allowed to intervene by the Commission and filed exception to the report of the referee insofar as such report found '* * * that the public convenience and necessity require that applicant should be allowed to consolidate its certificates and serve intrastate and interstate to, from and between Oklahoma City and Enid, Oklahoma City and Tonkawa and Oklahoma City and Ponca City.'

After hearing on exception to the report of the referee, the Commission entered its order approving the report in full except for certain modifications not in issue herein. From this order of the Commission, Santa Fe appeals.

The sole question presented for our determination is whether there was substantial evidence submitted below to sustain that part of the Commission's order authorizing motor carrier service between Oklahoma City on the one hand and Enid, Ponca City and Tonkawa, respectively, on the other, which authority, as can be seen from the above summary of the certificates held by Keystone, the carrier did not have prior to the order involved herein linking together all such certificates.

To support its contention that the Commission erred in authorizing service between Oklahoma City and Enid, Ponca City and Tonkawa, respectively, Santa Fe,...