In Re the Motor Carrier Application of Harms

TIMM, Circuit Judge.

Doyle Harms (Harms) appeals from a circuit court judgment reversing the Public Utilities Commission’s (PUC) decision to grant him a Class B motor carrier permit. We affirm.

Harms is a bonded order buyer of cattle and an operator of a feedlot in Redfield, South Dakota. His equipment is two trucks, two livestock trailers and one grain hopper bottom. He employs two full-time drivers and two part-time drivers.

On July 12, 1990, Harms submitted an application for Class B authority to transport:(1) Livestock from the Livestock Sales Bams at Redfield, Mitchell, Aberdeen, Britton,…