Cited by
Opinions in Louisiana that cite Miller Transporters v. Public Serv. Com'n, 518 So. 2d 1018.
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Vacuum Truck Carriers of Louisiana, Inc. v. Louisiana Public Service Commission
12 So. 3d 932
La. 2009
Miller Transporters, Inc. v. Louisiana Public Service Comm’n, -20 (La.1988)(collecting cases and authorities); see also Matlack, Inc., 622 So.2d at 655 -56 (citing L & B Transp.
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Louisiana Household Goods Carriers ex rel. Hathorn v. Louisiana Public Service Commission
781 So. 2d 545
La. 2001
Comm’n, Matlack, 622 So.2d at 650 ).
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La. Household Goods v. La. Public Serv.
762 So. 2d 1081
La. 2000
Comm'n, (collecting cases); and Matlack, 622 So.2d at 650 (collecting cases)).
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Mississippi Chemical Express, Inc. v. Louisiana Public Service Commission
637 So. 2d 93
La. 1994
As we have recognized, upon judicial review, a court will overturn the LPSC’s determination of P, C & N only if it is based on an error of law, or if it is arbitrary and capricious, that is, “one which the Commission could not have found reasonably from the evidence.” Miller Transporters, Inc. v. Louisiana Public Service Comm’n, (collecting cases); Matlack, 622 So.2d at 650 (collecting cases).
- AAA Cooper Transportation v. Louisiana Public Service Commission 623 So. 2d 1262 La. 1993
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Matlack, Inc. v. PUBLIC SERVICE COM'N
622 So. 2d 640
La. 1993
Second, citing Miller Transporters, the court noted that the effect which granting a permit will have upon the existing carriers must be weighed in determining whether the public interest will be served by issuing a certificate.
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L & B Transport Co., Inc. v. Louisiana Psc
602 So. 2d 712
La. 1992
Miller Transporters, -1020 (La.1988); (citations omitted); See also CTS Enterprises
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Herman Bros., Inc. v. PUBLIC SERVICE COM'N
564 So. 2d 294
La. 1990
Big Diamond Truck Service, Miller Transporters
- Dupre Transport v. Public Service Com'n 556 So. 2d 588 La. 1990
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Big Diamond Truck Service, Inc. v. PSC
553 So. 2d 431
La. 1990
1989); A-1 Moving & Storage, Miller Transporters
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Southern Message Serv. v. LA. PUBLIC SERV. COM'N
554 So. 2d 47
La. 1989
Comm'n, M & G Fleet Serv.
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Louisiana Tank Truck Carriers, Inc. v. PSC
549 So. 2d 850
La. 1989
CTS Enterprises, Miller Transporters, (La.
- A-1 Moving & Storage, Inc. v. Louisiana Public Service Commission 548 So. 2d 934 La. 1989
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CTS Enterprises, Inc. v. Louisiana Public Service Commission
540 So. 2d 285
La. 1989
The district judge applied a some evidence/not arbitrary or capricious standard, rather than the applicable reasonably supported by the evidence standard of Miller Transporters, See companion CTS case, 540 So.2d at 278 .
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CTS Enterprises, Inc. v. Public Service Com'n
540 So. 2d 275
La. 1989
Our latest expression on the standard of review (in a common carrier setting) is found in Miller Transporters, wherein we said "Upon judicial review of the Commission's determination of whether the applicant has made such a showing [i.e. that the public convenience *278 and necessity would be materially promoted by issuance of a certificate], a court will not upset the agency's finding unless it is based on an error
- Southern Message Service, Inc. v. Louisiana Public Service Commission 520 So. 2d 734 La. 1988