In re the Motor Carrier Applications of Janco, Inc.

491 N.W.2d 757, 1992 S.D. LEXIS 146, 1992 WL 317549
South Dakota Supreme Court·Decided November 4, 1992·No. Nos. 17726, 17731·Published·Cited by 1 cases

Opinions

TIMM, Circuit Judge.

Janeo, Inc. (JanCo) and the Public Utilities Commission (PUC) appeal from a circuit court judgment reversing the PUC’s decision to grant five Class B motor carrier permits to JanCo. We affirm.

Wally and Tony Jansma, the shareholders of JanCo, buy, sell, and feed cattle for themselves and others through several business entities: J & L Livestock (owned by Wally); Wally Jansma, Inc., (owned by Wally); Jansma Cattle Company (owned by Tony); and Mid-Plains Feeders (owned by Tony). JanCo, a South Dakota Corporation located in Sioux Falls, was formed by the Jansmas for the purpose of hauling their [758]*758own cattle. It is equipped with twenty trailers. Cabs are leased to pull them.

In August 1990, JanCo applied to the PUC for Class B authority to transport:

Livestock, between any points in Perkins, Corson, Campbell, Edmunds, Walworth, Spink, Faulk, Potter, McPherson, and Brown Counties and any point in the state.
Livestock, between any point in Jerauld, Beadle, Kingsbury, Brookings, Day, Hamlin, Roberts, Marshall, Deuel, Cod-ington and Clark Counties and any point in the state.
Livestock, between any point in Hyde, Hand, Stanley, Hughes, Lyman, Sully and Haakon Counties and any point in the state.
Livestock, between any point in Yankton, Lincoln, Turner, Davison, Minnehaha, Hanson and McCook Counties and any point in the state.
Livestock, between any point in Butte, Meade, Lawrence, Pennington, Fall River and Custer Counties and any point in the state.

Following a contested case hearing on the applications the PUC concluded that the transportation to be authorized by the permits was consistent with the public convenience and necessity and granted the Class B permits.

Certain facts

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In re the Motor Carrier Applications of Janco, Inc., 491 N.W.2d 757, 1992 S.D. LEXIS 146, 1992 WL 317549 (S.D. 1992).

491 N.W.2d 757 (In re the Motor Carrier Applications of Janco, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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