Denver-Climax Truck Line, Inc. v. Jim Chelf, Inc.

Opinion by

Mr. Justice, McWilliams.

The ultimate issue to be resolved in this writ of error is whether C.R.S. 1963, 115-11-5(2) requires that Jim Chelf, Inc., a private carrier, charge rates which are no less than those of Denver-Climax Truck Lines, Inc., a common carrier, when the former is transporting concrete pipe to points served by Denver-Climax.

The more precise issue posed by this writ of error is whether Chelf is in fact “competing” with Denver-Climax by rendering a service which is “substantially the same or similar” to that offered by Denver-Climax. It is agreed by the parties that if…