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STATE EX REL. RAYMOND BROS. M.T. CO. v. R.R. & W.H. COMM.

No. 35,771.

236 Minn. 339 (1952)

STATE EX REL. RAYMOND BROS. MOTOR TRANSPORTATION COMPANY AND OTHERS v. RAILROAD AND WAREHOUSE COMMISSION OF MINNESOTA, IBAR M. SPELLACY, d.b.a. SPELLACY MOTOR CARGO, AND GREAT NORTHERN RAILWAY COMPANY.

Supreme Court of Minnesota.

April 10, 1952.

Attorney(s) appearing for the Case

Perry R. Moore and Stinchfield, Mackall, Crounse & Moore, for relators Raymond Bros. Motor Transportion Company, Murphy Motor Freight Lines, Inc., Ward Transfer, Leger Truck Line, Gerdin Transfer, Inc., O. & W. Express Company, and Glendenning Motorways, Inc.

Gordon Rosenmeier, for relator Minnesota Motor Transport Association.

Thomas W. Walsh, for relator Hess Motor Express, Inc.

Franklin J. Van Osdel, for relator Dakota Transfer & Storage Company.

Percy M. Meehl, for relator Speedway Transit, Inc.

J.A.A. Burnquist, Attorney General, and George B. Sjoselius, Deputy Attorney General, for respondent Railroad and Warehouse Commission.

Bowen & Bowen, for respondent Ibar M. Spellacy, d.b.a. Spellacy Motor Cargo.

Edwin C. Matthias, Anthony Kane, and R.W. Cronon, for respondent Great Northern Railway Company.

Gerald T. Mullin filed a brief as amicus curiae on behalf of the Legislative Committee of the Railroad Brotherhoods of Minnesota.

MAGNEY, JUSTICE.

Petition by relators for a writ of prohibition to restrain the state railroad and warehouse commission from taking any further proceedings on the application of one Ibar M. Spellacy for a certificate of public convenience and necessity authorizing him to transport certain freight, and to restrain the commission from conducting hearings thereon at the times and places set by the commission.

On December 20, 1951, Ibar M. Spellacy, an individual...

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