Eastern Nebraska Non-Stock Trucking Coop v. Nebraska Bulk Transports, Inc.

In this appeal, we affirm the Nebraska Public Service Commission’s denial of the application of Eastern Nebraska Non-stock Trucking Coop (Eastern) to operate as a common carrier.

FACTS

On September 16, 1986, Eastern was incorporated as a cooperative association pursuant to Neb. Rev. Stat. § 21-1401 et seq. (Reissue 1991), the Nonstock Cooperative Marketing Act. The original incorporators of Eastern were Nehawka Farmers Cooperative Company and Greenwood Farmers Cooperative. Soon after its incorporation, Farmers Elevator of Elmwood, another cooperative, joined Eastern.

One purpose of the Eastern…