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Campbell Sixty Six Express

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Citation Edit

Campbell Sixty Six Express, Inc., 63 M.C.C. 569 (1955).

Factual Background Edit

The applicant sought a certificate of public convenience and necessity authorizing its operation as a common carrier over interstate routes different from those currently serviced. The evidence of the volume of freight that applicant was transporting was prepared on IBM computer cards. This evidence was used to establish the public necessity for the application. Applicant testified that this data had been generated from the original shipping documents. The protestants objected to the admission of this evidence.

Commission Proceedings Edit

The Commission stated that such cards are admissible only if accompanied by the authentic documents,[1]to give the opponent an opportunity to cross-examine. The Commission held that the punch cards were merely abstracts of the originals, were not authenticating documents and were, therefore, inadmissible. Since the applicant failed to introduce admissible evidence to support its petition, its application was denied.

ReferencesEdit

  1. But see Burham Van Service, Inc., 98 M.C.C. 58 (1965).

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