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CHICAGO, B. & Q. R. CO. v. IOWA STATE COMMERCE COM'N

No. 50010.

105 N.W.2d 633 (1960)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY; Chicago Great Western Railway Company; Chicago and Northwestern Railway Company; Chicago, Milwaukee, St. Paul and Pacific Railroad Company; Chicago, Rock Island and Pacific Railroad Company; Illinois Central Railroad Company; Minneapolis and St. Louis Railway Company; The Atchison, Topeka & Santa Fe Railway Company; Cedar Rapids and Iowa City Railway Company; Des Moines & Central Iowa Railway Company; Ft. Dodge, Des Moines & Southern Railway Company; Great Northern Railway Company; Mason City & Clear Lake Railroad Company; Union Pacific Railroad Company; Wabash Railroad Company; and Waterloo Railroad Company, Appellants, v. IOWA STATE COMMERCE COMMISSION; Ray H. Thompson, Chairman; John M. Ropes and John A. Tallman, members of Iowa State Commerce Commission, Appellees, Ruan Transport Corporation, Intervener-Appellee, E. F. Bock, d/b/a Bock Transport Co.; Les Burris & Bernard Jacobs, d/b/a Burris & Jacobs; William B. Conley, d/b/a Conley Transport; A. D. Curry; Harvey Daufeldt, d/b/a Daufeldt Transfer; Harold Dickey; Gordon Halterman and Claude Henderson, d/b/a H & H Transport Co.; Jet Transport Company; Thomas Lonergan & Donald Lonergan, d/b/a Lonergan Transportation; Herman P. Luppes, d/b/a Luppes Oil Co.; Henry Hugen and Bert Hugen, d/b/a Oskaloosa Oil Company; Petroleum Transport Service, Inc.; Fred Severson; Fred J. Stockberger, d/b/a Stockberger Transfer and Storage; Melvin W. Cronbaugh, d/b/a Tubbs Oil Company; John Willcoxson; and Clarence H. Wilson, Interveners-Appellees.

Supreme Court of Iowa.

Rehearing Denied December 16, 1960.

Attorney(s) appearing for the Case

Don McDevitt, Chicago, Ill., and A. B. Howland, Des Moines, for appellants.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for intervener-appellee Ruan Transport Co.

D. C. Nolan, Iowa City, for interveners-appellees E. F. Bock, et al.

Kent Emery, Des Moines, for interveners-appellees Eldon Miller, Inc. and Iowa Motor Truck Assn.

Waldo F. Wheeler, Iowa Commerce Counsel, Robert R. Rydell, Asst. Commerce Counsel, Des Moines, for Iowa State Commerce Commission, appellee.

GARRETT, Justice.

This is an action in equity by certain railroad companies against the Iowa State Commerce Commission to set aside a decision and order of said commission entered July 11, 1958 fixing rates for the transportation of petroleum products by rail in intrastate commerce in Iowa and asking the court to declare that the commission has no power to prescribe minimum rates. Certain motor carriers and the Iowa Motor Truck Association intervened seeking to uphold...

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