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EURTON v. STATE CORPORATION COMMISSION

Nos. 40,684, 40,685

182 Kan. 116 (1957)

319 P.2d 174

D.G. EURTON, d.b.a. PETER RABBIT MOTOR FREIGHT, P.F. FELTEN, d.b.a. FELTEN TRUCK LINE, W.R. HOUDYSHELL and D.G. KOELLING, a Partnership, d.b.a. H & K TRUCK LINES, Appellees, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS and MARION BEATTY, Chairman, HARRY G. WILES and RICHARD C. BYRD, Commissioners, Appellants. D.G. EURTON, d.b.a. PETER RABBIT MOTOR FREIGHT, P.F. FELTON, d.b.a. FELTON TRUCK LINE, W.R. HOUDYSHELL and D.G. KOELLING, a Partnership, d.b.a. H & K TRUCK LINES, Appellees, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS and MARION BEATTY, Chairman, HARRY G. WILES and RICHARD C. BYRD, Commissioners, Appellants.

Supreme Court of Kansas.

Opinion filed December 7, 1957.

Attorney(s) appearing for the Case

Clyde E. Milligan, General Counsel, and Hollis B. Logan, Assistant General Counsel, argued the cause and were on the briefs for the appellants.

John E. Jandera, of Topeka, argued the cause, and J. Wm. Townsend, of Topeka, and William Mitchell, of Hutchinson, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

These consolidated appeals are from a judgment of the district court of Reno County which vacated and set aside orders of the state corporation commission as being unlawful and unreasonable.

Two common carriers, Golden Belt Express Company, Inc., and The Central News Express, Inc., filed applications with the commission for extensions of their respective existing routes. The applications were consolidated...

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