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HERRETT TRUCKING CO., INC. v. WASH. PUB. SER. COMM.

No. 36000.

61 Wn.2d 234 (1963)

377 P.2d 871

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, Inc., et al., Respondents, v. WASHINGTON PUBLIC SERVICE COMMISSION et al., Appellants.

The Supreme Court of Washington, Department One.

January 10, 1963.

Attorney(s) appearing for the Case

The Attorney General and James R. Cunningham, 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 Company.

Don Cary Smith and Norman Sutherland, for respondents Herrett Trucking Company, Inc. et al.

Reaugh, Hart & Allison, George H. Hart, William Q. Marshall, and Reuben C. Youngquist, for respondents Cement Distributors, Inc. et al.

HILL, J.

This is a review of two separate judgments of the Thurston County Superior Court reversing and remanding an order of the Washington Public Service Commission.

The Chicago, Milwaukee, St. Paul & Pacific Railroad Company, hereinafter called "Milwaukee," sought to acquire portions of the outstanding common carrier permit (motor carrier) held by D.A. Whitley, Inc., hereinafter called "Whitley."

Whitley...

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