Brink's Inc. v. Pennsylvania Public Utility Commission

Opinion by

Judge Wilkinson, Jr.,

The petitioner would have this Court reverse the order of respondent, Public Utility Commission (Commission) granting .intervenor (Brooks) certain motor carrier operating authority as a contract carrier on the grounds that Brooks did not establish its fitness.1 We agree and reverse.

Brooks has what it calls an affiliate (WFB) which has contract carrier rights in Philadelphia; WFB is wholly owned by William F. Brooks, Sr., who also owns 85% of the shares of Brooks. The officers and directors of Brooks and WFB are the same or sub*455stantially the same. The Commission…