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DEPARTMENT OF MOTOR TRANSP. OF KENTUCKY v. ECK MILLER TRANSFER CO.

249 S.W.2d 802 (1952)

DEPARTMENT OF MOTOR TRANSP. OF KENTUCKY v. ECK MILLER TRANSFER CO. Inc., et al. ARMES v. ECK MILLER TRANSFER CO., Inc., et al. ECK MILLER TRANSFER CO., Inc. v. ARMES et al.

Court of Appeals of Kentucky.

June 20, 1952.

Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., J. Jerald Johnston, Asst. Atty. Gen., for Department of Motor Transp. of Kentucky.

McChesney & McChesney, Harry V. McChesney, Jr., Robert M. Pearce, Frankfort, for Eck Miller Transfer Co., Inc., et al.

Stanley B. Mayer, Louisville, for Guy Armes, d/b/a Armes Motor Line.

LATIMER, Justice.

This appeal is from a judgment setting aside a final order of the Department of Motor Transportation which granted a certificate of public convenience and necessity to Guy Armes. There is included herein also an appeal from that part of the judgment which refused to grant such a certificate to Eck Miller Transfer Company, Inc., hereinafter referred to as Miller.

Guy Armes applied to the department for a certificate from Lewisport to Owensboro...

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