Legal Opinion

Maxwell Co. v. Public Utilities Commission

Ohio Supreme Court

Decided July 17, 1985No. Nos. 84-1446 and 84-1923Published

1Per curiam

A common gravamen in each of these actions concerns the practical consequence of the agency agreements between the transferors and transferees of the certificates. Maxwell argues that these agreements act to “split” the operating certificates, allowing both transferor and transferee in each case to operate pursuant to the authority of the respective certificates. This practice was found to be unlawful in Braddock v. Pub. Util. Comm. (1940), 137 Ohio St. 59 [17 O.O. 378], wherein this court held that the PUCO was not vested with the authority to consent to the transfer of a part of a…

2Cases cited3 opinions

  1. Braddock v. Public Utilities CommissionOhio Supreme Court · 1940
  2. Werlin Corp. v. Public Utilities CommissionOhio Supreme Court · 1978
  3. Small v. Public Utilities CommissionOhio Supreme Court · 1925

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