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STATE v. PUBLIC SERVICE COMMISSION

No. 46690.

316 S.W.2d 6 (1958)

STATE of Missouri ex rel. SMITHCO TRANSPORT COMPANY, a corporation, Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri and Tyre W. Burton, E. L. McClintock, Charles L. Henson, M. J. McQueen, and D. D. McDonald, as members of said Public Service Commission, Respondents.

Supreme Court of Missouri. En Banc.

Rehearing Denied September 8, 1958.

Attorney(s) appearing for the Case

Kyle D. Williams, Jefferson City, Neale, Newman, Bradshaw, Freeman & Neale, Flavius B. Freeman, Donald J. Hoy, Jean Paul Bradshaw, Springfield, for appellant.

Glenn D. Evans, Gen. Counsel, Thomas J. Downey, Asst. Gen. Counsel, Jefferson City, for respondents.

Henry Andrae, Hendren & Andrae, Jefferson City, for protestant Dairyland Transp. Corp.

William W. Beckett, Alfred J. Hoffman, Marvin O. Young, Columbia, amici curiae for Missouri Farmers Ass'n, Inc.

Laurance M. Hyde, Jr., St. Louis, for Frisco Transportation Co.

WESTHUES, Judge.

The State Public Service Commission denied Smithco Transport Company a certificate of convenience and necessity for an intrastate freight carrier between various points in Missouri. The primary purpose for which a permit was sought was the transportation of milk and other dairy products from the plant of Sanitary Milk Producers, a farmers' co-operative, at Lebanon, Missouri, to St. Louis, Missouri. The case was heard by two members of the Commission...

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