Lofersky v. Needel

OPINION

HOWARD, Chief Judge.

This is an appeal from a superior court order setting aside an order of the Corpot ration Commission.

Martin Lofersky, the appellant, made application to the Arizona Corporation Commission for a certificate of convenience and necessity to operate a 24-hour a day, 365 days a year parcel or package delivery service in Tucson. At the time of his application there were two certificated carriers in Tuscon, both owned and controlled by Herbert Needel, the appellee. Neither of these carriers offered the “round the clock” service proposed by Lofersky.

Following a hearing on…