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STATE v. BURTON

No. 22813.

317 S.W.2d 661 (1958)

STATE of Missouri, on the Relation of TRANSPORT DELIVERY COMPANY, a Corporation, Appellant, v. Tyre BURTON, Charles Henson, E. L. McClintock, D. D. McDonald and William Barton, Members and Comprising the Public Service Commission of Missouri, and John Groner Motor Carrier, Inc., Respondents.

Kansas City Court of Appeals, Missouri.

November 3, 1958.

Attorney(s) appearing for the Case

Hendren & Andrae, Jefferson City, for appellant.

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

Rozier, Carson & Nacy, Jefferson City, for John Groner Motor Carrier, Inc.

MAUGHMER, Commissioner.

Appellant, Transport Delivery Company, has been engaged in the business of transporting petroleum since 1936. Since 1951, it has been the only authorized common carrier of such products from the Sinclair Terminal at Mexico, Missouri. Since 1942, John Groner Motor Carrier, Inc., designated hereinafter as "Groner", has been engaged first as a contract and later as a common carrier of petroleum products. Groner was authorized to transport from...

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