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6 N.J.A.R. 535

White Bus Company, Inc. and Saddle River Tours, Inc., In the Matter of
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Citation: 6 N.J.A.R. 535
Decision Date: 1983
Synopsis: White Bus Company and Saddle River Tours each sought a per- manent certificate of public convenience and necessity for the oper- ation of routes between a variety of municipalities and Atlantic City. In addition, White Bus sought temporary authority for the operation of the same route; temporary authority had previously been granted to Saddle River. The administrative law judge assigned to the case concluded that the motion to reopen the issue of temporary authority to Saddle River must be denied since the factual basis of the grant was fully litigated in the original case and save for limited technical material no ad- ditional evidence was submitted. The judge denied temporary oper- ational authority to White Bus since the evidence demonstated that there are presently other carriers providing service. White Bus' appli- cation for a permanent certificate of convenience and necessity was denied since the grant of such a certificate wold negatively impact on the existing carrier. The judge granted such a certificate to Saddle River after finding that the company was qualified and able to operate the service, that there was a need for such service and that there would be no negative impact upon the ability of an existing carrier to provide safe, adequate and proper service. Edward F. Bowes, Esq. for White Bus Company (Bowes, Millner and Rogers, attorneys) (admitted pro hac vice) (Kalb, Friedman & Siegelbaum, New Jersey attorneys) Thomas J. Herten, esq. for Saddle River Tours, Inc. Jeffrey Burstein, Deputy Attorney General, for New Jersey Transit In Re: White Bus Co. Corporation (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Meneloas Toskos, Esq., for City of Hackensack (Moses & Toskos, attorneys)