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ROCK ISLAND M.T. CO. v. MURPHY MOTOR FREIGHT LINES, INC.

No. 34,748.

229 Minn. 291 (1949)

ROCK ISLAND MOTOR TRANSIT COMPANY v. MURPHY MOTOR FREIGHT LINES, INC. REGULATED MOTOR TRANSPORTATION ASSOCIATION, INC., INTERVENER.

Supreme Court of Minnesota.

August 5, 1949.

Attorney(s) appearing for the Case

Perry R. Moore and Stinchfield, Mackall, Crounse & Moore, for appellant Murphy Motor Freight Lines, Inc.

Hoyt Crooks, for appellant intervener.

Philip Stringer and Martin L. Cassell, Jr., for respondent.

R.W. Cronon, A.C. Erdall, Richard Musenbrock, C.O. Newcomb, S.W. Rider, Jr., T.J. Slattery, L.E. Torinus, Jr., and C.W. Wright filed a brief as amici curiae in support of respondent's petition for rehearing.

THOMAS GALLAGHER, JUSTICE.

Appeal from a district court judgment affirming an order of the railroad and warehouse commission granting plaintiff a certificate of public convenience and necessity to transport merchandise over a certain intrastate route between the Twin Cities and the Iowa border, parallel to the route of the Chicago, Rock Island & Pacific Railway Company, hereinafter called the "railroad."

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