STATE v. BOARD OF RAILROAD COMMISSIONERS

No. 9561.

306 P.2d 264 (1957)

The STATE of Montana ex rel. W. M. DANIELS, Petitioner and Respondent, v. The BOARD OF RAILROAD COMMISSIONERS of the State of Montana, et al., Appellants.

Supreme Court of Montana.

Rehearing Denied February 4, 1957.


Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., James B. Patten, Sp. Asst. Sec'y. Counsel for Board of Railroad Com'rs., Billings, John V. Potter, Jr., Sec'y. Counsel for Board of Railroad Com'rs., Helena, for appellants.

James B. Patten, Sp. Asst. Sec'y. Counsel for Board of Railroad Com'rs, regued orally for appellants.

Skedd, Harris & Mufich, John H. Risken, Helena, for respondent.

John H. Risken and William P. Mufich, Helena, argued orally for respondent.


ADAIR, Justice.

This is an appeal by the Board of Railroad Commissioners of the State of Montana from a judgment entered in the district court of Lewis and Clark County, Montana, by a judge thereof sitting without a jury, wherein a writ of mandamus issued ordering such Board to remove from a certain interstate certificate of public convenience and necessity theretofore issued to the respondent, W.M. Daniels, a cancellation stamp thereto affixed by the Board under...

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