William Mirin, Dba Strip Cab Co., and Raymond Chenoweth, Dba Nellis Cab Co. v. The State of Nevada on Relation of Its Public Service Commission
Opinion
Opinion
East, J.
Appellants above named (sometimes herein call Mirin and Chenoweth) appeal from a summary judgment in favor of Appellees (Commission) entered by the District Court on August 1,1975 on the ground that the matters and issues raised by Appellants in their attack upon the Commission’s allocation orders limiting the number of operable taxicabs (cabs) by Appellants under their respective certificates of necessity were barred under the Doctrine of Res Judicata. We affirm.
Three pertinent issues on review are presented:
Appellants are cab operators in Las Vegas, Nevada. During the year 1965, the Commission issued several certificates of public convenience and necessity to Mirin and Chenoweth. The certificates did not limit the number of cabs that Mirin and Chenoweth could respectively operate in Las Vegas.
Thereupon Mirin and Chenoweth each purchased a number of cabs and equipment for operation under his certificate of necessity.
On December 14, 1966, following a duly noticed hearing, the Commission issued an order limiting Mirin and Chenoweth to the operation of one cab each.
On January 15, 1968, the Commission, following a Nevada state court’s decision holding that the Commission…