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ILLINOIS CENTRAL RAILROAD CO. v. COMMONWEALTH

312 S.W.2d 458 (1958)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant, v. COMMONWEALTH of Kentucky ex rel. DEPARTMENT OF MOTOR TRANSPORTATION, C. M. Blackburn, Comm., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 16, 1958.

Attorney(s) appearing for the Case

Lively M. Wilson, Stites, Wood, Helm & Peabody, Louisville, for appellant.

Harry McChesney, Rudy Yessin, George L. Willis, III, Asst. Atty. Gen., for appellees.

CLAY, Commissioner.

Appellant railroad applied for an intrastate common carrier truck certificate to carry freight in conjunction with its rail service over various routes generally paralleling its rail lines. The Department of Motor Transportation denied the application, and its order was upheld by the circuit court.

The apparent objective of the railroad is to improve its service in handling less-than-carload lot local shipments. The truck operation would...

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