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KANSAS CITY-LEAVENWORTH BUS LINES v. STATE CORP. COMM.

Nos. 39,804, 39,805

178 Kan. 353 (1955)

286 P.2d 143

THE KANSAS CITY-LEAVENWORTH BUS LINES, INC., a Corporation, Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, JEFF A. ROBERTSON, Chairman and Commissioner, DEWITT M. STILES, Commissioner, and CHARLES M. WARREN, Commissioner, As Members of the State Corporation Commission of the State of Kansas and Their Respective Successors in Office, Appellees. KANSAS CITY PUBLIC SERVICE COMPANY, a Corporation, Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, JEFF A. ROBERTSON, Chairman and Commissioner, DeWITT M. STILES, Commissioner, and CHARLES M. WARREN, Commissioner, As Members of the State Corporation Commission of the State of Kansas and Their Respective Successors in Office, Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Arthur J. Stanley, Jr., of Kansas City, Kansas, argued the cause and Leonard O. Thomas, of Kansas City, Kansas, was with him on the briefs for appellant, Kansas City-Leavenworth Bus Lines; and Powell C. Groner, of Kansas City, Missouri, Willard L. Phillips, of Kansas City, Kansas, and James E. Smith, of Topeka, were with him on the briefs for appellant, Kansas City Public Service Company.

Jay Kyle, general counsel, of Topeka, argued the cause and John E. Jandera and William E. Stillings, assistants general counsel, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

These appeals were consolidated. They arise from a proceeding before the corporation commission wherein two common carriers under the jurisdiction of the commission asked the commission to order a party operating as a common carrier of passengers along in part the same route as complainants to cease such operation. The commission denied the relief sought. On appeal...

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