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HERRETT TRUCK'G CO. v. WN. ETC. COM.

No. 36000.

58 Wn.2d 542 (1961)

364 P.2d 505

HERRETT TRUCKING COMPANY, INC., et al., Respondents, v. WASHINGTON PUBLIC SERVICE COMMISSION, et al., Appellants. THE STATE OF WASHINGTON, on the Relation of Cement Distributors, Incorporated et al., Respondents, v. WASHINGTON PUBLIC SERVICE COMMISSION et al., Appellants.

The Supreme Court of Washington, Department Two.

August 24, 1961.

Attorney(s) appearing for the Case

The Attorney General and Duane S. Stookey, Assistant, for appellant Washington Public Service Commission.

B.E. Lutterman, Warren H. Ploeger, and Richard L. Gemson, for appellant Chicago, Milwaukee, St. Paul & Pacific Railroad Co.

Don Cary Smith, Reaugh, Hart & Allison, and Reuben C. Youngquist (Norman Sutherland, of counsel), for respondents.

MALLERY, J.

This is a motion to dismiss an appeal upon the ground that it was not timely taken.

On December 27, 1960, the superior court for Thurston county entered judgments remanding orders of the Washington Public Service Commission. On January 24, 1961, twenty-eight days after the entry of the judgments, the Washington Public Service Commission and the Chicago, Milwaukee, St. Paul and Pacific Railroad Company filed notices of appeal.

The sole question...

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