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  5. 112 N.W.2d 737 (1962)
 

APPLICATION OF CANNING

No. 35049.

112 N.W.2d 737 (1962)

173 Neb. 103

Application of Gerald E. CANNING, etc. Gerald E. CANNING, Fairbury, Nebraska, and L. H. Weber, Fairbury, Nebraska, Appellees, v. C. C. and Earl McKAY, dba McKay Freight Lines, Fairbury, Nebraska, Appellants.

Supreme Court of Nebraska.

January 5, 1962.

Attorney(s) appearing for the Case

Nelson, Harding & Acklie, Lincoln, for appellants.

James E. Ryan, Jack Devoe, Lincoln, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

CARTER, Justice.

This is an appeal from an order of the Nebraska State Railway Commission granting to Gerald E. Canning a transfer of the rights of Louis H. Weber under a certificate of public convenience and necessity issued December 17, 1937. An appeal was taken to this court by C. C. and Earl McKay, doing business as McKay Freight Lines, a protestant.

The evidence shows that Canning entered into an agreement with Weber to purchase the rights of Weber under...

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