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ST. LOUIS-SAN FRANCISCO RLY. CO. v. STATE CORP. COMM.

No. 41,776

187 Kan. 23 (1960)

353 P.2d 505

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellee, v. (The State Corporation Commission of the State of Kansas), CITY OF FALL RIVER, KANSAS, FREDONIA CHAMBER OF COMMERCE, NEODESHA CHAMBER OF COMMERCE, and INTERESTED SHIPPERS and USERS, Intervenors, Appellants.

Supreme Court of Kansas.

Opinion filed July 2, 1960.

Attorney(s) appearing for the Case

Rex A. Lafferty, of Fredonia, argued the cause and was on the brief for the appellants.

Henry V. Gott, of Wichita, argued the cause, and John E. McCullough, of St. Louis, Missouri, W.F. Lilleston, George C. Spradling, George Stallwitz, Ralph M. Hope, Richard W. Stavely, Charles S. Lindberg and Ronald M. Gott, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of an application by the St. Louis-San Francisco Railway Company to discontinue the operation of two of its passenger trains. The state corporation commission denied the application, and on appeal the district court held the order of the commission to be unlawful and unreasonable, and set it aside. Certain protestants have appealed from that judgment. The commission has not appealed...

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