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STATE v. PUBLIC SERVICE COMMISSION

No. 47485.

334 S.W.2d 54 (1960)

STATE of Missouri ex rel. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, Plaintiff-Appellant, v. PUBLIC SERVICE COMMISSION of Missouri, Defendant-Respondent, and City of Bellefontaine Neighbors, Intervenor-Respondent.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied April 11, 1960.

Attorney(s) appearing for the Case

Clyde J. Linde, Robert B. Langworthy, Billy S. Sparks, Kansas City, C. W. Krohl, Chicago, Ill., R. W. Hedrick, Jr., Jefferson City, Langworthy, Matz & Linde, Kansas City, Hedrick and Hedrick, Jefferson City, of counsel, for appellant.

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

Sidney M. Glazer, St. Louis, for intervenor-respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied April 11, 1960.

BARRETT, Commissioner.

The double-track line of the Chicago, Burlington & Quincy Railroad Company runs through the City of Bellefontaine Neighbors, and since 1922 there has been a bridge over the tracks at Shepley Drive. Upon complaint of the city and a tendered proposal for "reconstruction," the Public Service Commission found that the bridge "was in a deteriorated and run-down...

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