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AMERICAN TRANSP. CO. v. PUB. SERV. COMM. OF IND.

No. 29,508.

239 Ind. 453 (1958)

154 N.E.2d 512

AMERICAN TRANSPORT COMPANY, INC. ET AL. v. PUBLIC SERVICE COMMISSION OF INDIANA ET AL.

Supreme Court of Indiana.

Rehearing denied March 11, 1959.

Mandate of previous opinion modified May 22, 1959.

Attorney(s) appearing for the Case

Gates & Gates, of Columbia City, Robert R. Batton, Batton, Harker & Rauch, Batton, Harker, Kiley & Osborn, of Marion and George W. Rauch, of Chicago, Illinois, for appellants.

Edwin K. Steers, Attorney General and Arthur H. Gemmer, Deputy Attorney General, for appellee Public Service Commission of Indiana and its constituent members.

Robert C. Smith, Cowan & Smith, of Indianapolis, John O. Campbell, Campbell, Gemmill, Browne, Ewer & Torrance, of Marion, Fansler, Fauvre, Dongus & Chambers and Gustav H. Dongus, of Indianapolis, for appellee Marion Trucking Company, Inc.

LANDIS, C.J.

Appellants brought suit to set aside an order of appellee Public Service Commission granting to appellee Marion Trucking Company, Inc., certificates of public convenience and necessity as a common carrier over certain routes in this state.

Appellants are other operators of motor vehicles for hire on the highways of this state and are holders of common carrier certificates of public convenience and necessity...

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