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eBook details

• Title: Application Albert Roy Andrews. Albert Roy
• Author : Supreme Court of Nebraska
• Release Date : January 04, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

This is an appeal from an order of the Nebraska State Railway Commission denying appellant's petition for an order nunc pro tunc to correct an order and certificate of the commission entered March 31, 1938. The rather involved history of this proceeding begins about August 24, 1936, when Albert Roy Andrews filed his ""grandfather"" application to secure a certificate authorizing continuation of his operations as a motor carrier conducted on and since April 1, 1936. Following a hearing before the Nebraska State Railway Commission, an order was entered March 31, 1938, and a certificate was issued authorizing the transportation of commodities generally over ""Irregular routes from Madison County, to and from Omaha, and occasionally to and from various points within the State of Nebraska at large."" It is the appellant's position that this certificate did not properly reflect the authority authorized by the report of the examiner for the commission, which was approved by the commission; and did not reflect the scope of appellant's operations as they had been conducted on and prior to April 1, 1936. After receiving a copy of his ""grandfather"" certificate, the appellant believed that confusion might arise as to the proper interpretation of the order and certificate and held a Discussion with the director of the Motor Transportation Department with reference to the matter. The individual with whom he talked said: ""Mr. Andrews, your authority says just what you're telling me you're doing. It reflects it. What do you want? Special attention? Or do you want us to give you a special order or authority?"" Relying upon those comments, the appellant says he continued to perform nonradial, statewide service, without regard to a base hub or territory. In 1953, the Motor Transportation Department advised the appellant that their opinion was that any shipment handled by the appellant which did not either originate or terminate in Madison County would be outside the scope of his territorial authority. Thereafter, appellant filed a petition for an order nunc pro tunc seeking to correct the order of the commission entered on March 31, 1938, to read: ""* * * commodities generally, between points in Nebraska over irregular routes."" Through an extended process of hearings, orders, motions, and a prior appeal to this court (dismissed for procedural reasons, and as to which no plea of res judicata is raised in this case), this matter is again before us. The general rules applicable here were stated in Watson Bros. Transportation Co. v. Red Ball Transfer Co., 159 Neb. 448, 67 N.W.2d 475, quoting from North Loup River P.P. & I. Dist. v. Loup River P.P. Dist., 149 Neb. 823, 32 N.W.2d 869: ""If a judgment in fact was rendered, if an order in fact was made, and such judgment or order not recorded, then the court, at any time afterwards, in a proper proceeding and upon a proper showing, is invested with the power to render nunc pro tunc such judgment or make such order.

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