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Record No, 5618

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Record No, 5618 f- Record No, 5618 In the Supreme Court of Appeals of Virginia at Rickiiioiid ATLANTIC GREYHOUND LINES OF VIRGINIA, INC., ET AL. V. SILVER FOX LINES, ET AL. FKOM THE STATE COETOTlATION COMMISSIOK OP VIRGINIA BULE 5:12—BRIEFS §5. Number of Copies. Twenty-five copies of each brief shall be filed with the clerk of this Court and three copies shall be mailed or delivered by counsel to each other counsel as defined in Rule 1:13 on or before the day on which the brief is filed. §6. Size and Ttpb. Briefs shall be nine inches in length and six inches in width, so as to conform in dimensions to the printed record, and shall be printed in type not less in size, as to height and width, than the type in which the record is printed. The record number of the case and the names and addresses of counsel submitling the brief shall be printed on the front cover. HOWARD G. TURNER, Clerk. Court opens at 9:30 a. m.; Adjourns at 1:00 p. m. , ,I ' '7-···~-~~·- ;.----~----~ --- ...1 ..... .. ) ,iN~Ml~E_J~~~~~\VJNIE~: - . Mhi~ .cJ$~, :P1:9t@~J;~ ~~ill~ ·~ -~~~~ '·~~_Jilt~ '£~S$iOo'. ~~f;,{~gy.tt: .tq· . ;&@' 1J!l!_fjjt 1· ·~P-R. '19.&! .. .. .·· . - · ··~qu. ~-0· \~~) \i!'l.'lis.~:· ·:[email protected] ;ftl()r'-· ~a~J(~~~~ ~~· t~ 1tf\@··J*t~ . l!itnt rm-..s ~: ~1J~! ~ 'ftarit =:t:~~,. d!!rll' I --- . - J Record No ... 5618 • ·~· .. ' ·~., :, I • ' ... ; ..: . V1RGINIA:. In the St~preme C()u;t. of A.p~¢~i~_\J.teld.·._:a.t ·the •. S~pl~eme Court of ApP.eals Buildi1ig in t:Q~:.Qt~y;..~f. :RiGhino~4.:c)n: .T~.es~ day the4th.day of Dec.¢~ber, 19.6.~;-.·:C:·~:.·:.:·. ·. :·.·:.. ~.;·_ .. _. · ···-::---...,.: . ATJ_.ANT~6 G REYi£btiNn uN~~·{oF,~iftif}J~~{''~(J>)··. AN:P:Ji'1RQINI:~:: ;:~-'f 4-GE L~N:ES;:~JNCO:&POR{AfrJllD.,:•: :· .•.. ·· . -:,:- .... · ··.· .. -A··_. · .• ,1. ··L;;. ·.·- ·' ': ·:.:·· _.:::.. pp~1 ~Il~,_,->.- '•.·.· ... -· • ~I ~o.ai/npf, ';· .· ·._· '· .; ~.:; .. ' ' - • :~ I ' I• ~:., • t ..... • ·.-. ; ; • ·_· __ :·: :s±Ii\t:E:R/:Fox LINEs .i:Nn srriTE coRPOR.ATION . ,__ :. _.' '~::·.·> . .-·! ;qd~~·~US&~P~·'·:'9F: \TJ:RGIN,-~A~·· ·· · Appellees~·:-? :: .. ·.·: :::·.J···· ···T>:·_,,.-r ~-;...;.;._;...__,_;.;.;...o ;_~:/);/:_;;···.· ~~-~~{i ~.J::.··•• /: 2 Supre1ne Court of Appeals of Virginia RECORD • • • Virg·inia. State Corporation Commission Office of Commerce Counsel. Case No. 15826 July 23. COlVIl\IONvVEALTH OF VIRGINIA STATE CORPORATION COl\i~IISSION Application for a Certificate of Public Convenience and Necessity under Chapter 12.4 Title 56, Code of Virginia as a Special O'r Chanter Party Ca:rrier. To the State Corporation Commission, Richmond, Va. Application of Silver F.ox Lines for a certificate of public convenience and ne.cessity as a restricted common caNier· to transport passengers in special or chaTter p®rties. Business address (street and number) Riverside Drive City, or Town, and County Danville, Pittsylvania. Application is Corporation doing business undefl' the trade name of Silver Fox Lines. If corporatioo or pa:rtnership, give names and ·addresses of offieers of corporation, or all partne'rs. If partnership attach true and exact copy <>f. pa,rtnership agree1nent under which the business is or will be conducted, marked Exhibit X. 1\f. A. GuthTie, Yanceyville, North .CaJrolina, President; Helen W. Guthrie, Yanceyville, North Ca:rolina., Secretary and Treasurer; J. E. Guthrie, Blanehe, North Carolina, Vice President; .T. Bryan Tate, Registered Agent. Applicant desires to trans·port passengers in special charter parties from: Danville, Virginia to points and places in the State of Virginia. Applicant asserts the certificate applied for should be g-ranted for t.he following reasons: Present charte.r services from Danville to points and places in the State of Virginia are inadequate. The applicant holds ra ·Certificate of Con­ venience and Necessity to transport passengers in interstate commerce and ha.s vehicles available to take eare of charter demarn.ds covering the raJrea tha.t it seeks to serve. Atlantic Greyhound Lines v. Silver Fox Lines 3 Additional pertinent information may be attached to ap­ plication. page 2 ~ Applicant attaches, in duplicate, marked Exhibit .li., the number of vehicles proposed to be operated, with a. staten1ent for e1ach vehicle containing the following deseription: Kincl-~Iake-Type-Rated Capa.ci ty-Length-Width­ lieight-Number of Seats; and statement of the State High­ way Commission that the law applicable as to the proposed route or routes has been complied with as to size, weight and type of vehicles to be used. Applicant attaches, marked Exhibit B, complete s1tatement of financial condition. Applicant. attaches marked Exhibit C, tariff of rates pro­ posed to be applied if application is granted. Applica111t agrees to comply wit11 the provisions of Chapter 12.4, Title 56, Code of Virginia and with all applicable rules and regulations preseribed by the ·Comnrission in accordance the·rewith. (Signed) SILVER FOX LINES By M. A. Guthrie Title President Dated at. Danville, Virginia, this 11th day of June, 1962. Sta.te of 'Virginia, City of Danville, ss : Personally appeared before n1e, Laverne ~L Wright, a Not.ary Publi0 in and for the State and City aforesaid M. A. Guthrie who, being duly sworn, deposes and says that he is* President. of the applicant in the above proceeding; that he has read the foregoing application and knows the contents thereof, and tha.t the statem.ents made therein are true to the best of his knowledge amd belief. ~Iy Commission exp~res ·?n the 19th day of September, 1965. Given under my ha.nd this, the 11th day -of June, 1962. LAVERNE ~I. WRIGHT Notary Public. *If applicant is a corporation, insert "president of the" or "secretary of the." If a firm or partnership, insert "one of the." page 3 ~ EXHIBIT A COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS CASE NO. 15826. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEFORE THE STATE CORPO­ RATION COMMISSION, UNDER THE VIRGINIA MOTOR CARRIER ACTS OF 1936 (Chapter 129, Acts of Assembly, 1936) To Department of Highways, Richmond. Virginia Name of Applicant SILVER FOX LINES Business Address (street and number) Riverside Drive City or Town and Countr Danville, Pittsylvania Applicant Desires Approval on Following Motor Equipment Kind (Bus, Truck, Trailer, Semi- Number Trailer, *Gross of No. Tractor) Loaded Length Width Height Size of Tires **Number Weight Make Motor (In (In (In Tires Used Number Feet) Feet) Feet) Connected 1 Bus 15,750 lb. Aero Coach 16990 34 8 10'5" 1000 X 20 6 2 Bus 20,500 lb. ACF IC 41986 36 8 11 1100 X 22 6 This approval is based on the vehicle or vehicles involved not exceeding the statutory weight limits allowed by Section 46.1-339 of the Code of Virginia. In no case is this approval to apply to the operation of any equipment over any road or bridge in excess of the legal posted weight limits. *Weight of vehicle and load including passengers **As example: No. 5-Tractor used connected with No. 9 Trailer. In column put "5-9." Approved-As noted above (Signature) SILVER FOX LINES By M. A. GUTHRIE DEPARTMENT OF HIGHWAYS Title President By ············································ Date June ll. 1962 Traffic and Planning Engineer Date of Approval June 27, 1962. ORIGINAL AND TWO COPIES MUST BE FILED TOGETHER WITH ONE COPY OF STATE CORPORATION COMMISSION FORM MC-4 Atlantic Greyhound Lines v. Silver Fox Lines 5 page 4 ~ EXHIBIT· B. ·C. H. HAR.VILLE Dial 793-4522 President SILVER FOX LINES 1106 Riverside DTive-D.A.NVILLE, VIRGINIA SILVER FOX LINES, A CORPORATION BALANCE SHEET AS OF DECEJ\:fBER 31, 1961 ASSETS CURRENT ASSETS: $ $ American N ationa.I Bank & Trust Company 2,606.58 Undeposited Cash 45.54 Petty Ca.sh 10.00 Ac.counts Receiva.ble 539.34 'TOTAL CURRENT ASSETS: 3,201.46 'B..,IXED ASSETS : Rolling Equipment 1,500.00 Reserve for Rolling Equipment 1,500.00 none Office Furniture 89.45 Reserve for Office Furniture 89.45 none ·Organization Expense 282.00 Reserve ( Alnortiza tion) Org. Exp. 282.00 none Franc.hise and Operating· Rights 500.00 TOTAL FIXED ASSETS: 500.00 DEFERRED· A.SS-ETS: Deposit on Corntra.cts 100.00 TOTAL D·EFERRED ASSETS: 100.00 TOTAL ASSETS $3,801.46 6 Supreme Court of Appeal~ o~ Virginia LIABILITIES CURRENT ASSETS: Accounts Payable-Trade 475.882 TOTAL CURRENT LIABILITIES: . 475.8:2 NET WORTH: Capital Stock Outstanding 3,000.00 Plus Surplus Account-Fiscal year end 9/30/61 327.67 Less-Loss Tern1 (1st Quarter-10/1/61- 12/31/61 {2.03) TOTAL NE'V 'VORTII: 3,325.64 TOTAL LIABILITIES $3,801.46 page 5 ~ EXIfiBIT C. (No supplement will be issued to this tariff except for the purpose of cancelling the tariff, unless othe·.rwise specifically authorized by the Connuission). SILVER FOX LINES Danville, Virginia CHAR.TER CER.TIFTCATE NO. CHARTER P .ARTY CARRIER PASSENGER TARIFF NAMING CONTRAtCT CHARTER FARES AND RULES AND REGUL.AT'IONS COVERING SAME FROM CITY OF DANVILLE TO POINTS AND PLACES IN STATE OF VIRGINIA ISSUED : July 23, 1962 EFFECTIVE : July 25, 1962 Issued Bv SILVER FOX.,LINES Riverside Drive Danville, 'ri,rginia Atlantic Greyhound Lines v. Silver Fox Lines 7 page 6 ~ SECTION A Rule No. RULES AND REGULATIONS 1 CONTRACT CHARTER FAR.ES: (a) Fares ·shown herein are contract charter fares shown in dollars and pay­ able in lawful money of the United States. (b) Fares are computed front point where charter pa.rty is picked up to point of destination and return. 2 CLAil\fS: This ea1'~rier will not be liable for delays caused by accidents, breakdowns, bad conditions· of the road, snow storms and ·ot.he·r conditions beyond his control, and does not guarangee to arrive a.t or depart from any point at a specific time.
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