CLASS I RAIL CARRIERS v. STATE CORPORATION COMMISSION

Nos. 43,088, 43,089, 43,090, 43,091 and 43,092

191 Kan. 201 (1963)

380 P.2d 396

CLASS I RAIL CARRIERS OF KANSAS, THE KANSAS TRANSPORT COMPANY, INC., and THOMPSON TRANSPORT CO., INC., Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.


Attorney(s) appearing for the Case

J.B. Reeves, of Topeka, argued the cause, and C.J. Putt and W.E. Treadway, both of Topeka, were with him on the briefs for appellants Class I Rail Carriers of Kansas.

Erle W. Francis, of Topeka, argued the cause, and was on the briefs for appellants Kansas Transport Company, Inc., and Thompson Transport Co., Inc.

Carl L. Wettig, of Topeka, Assistant General Counsel, argued the cause, and Charles C. McCarter, General Counsel, and Rex A. Jemison, both of Topeka, were with him on the briefs for the appellee.

Arthur L. Claussen, A. Harry Crane, Ward Martin and Harvey Ashworth, all of Topeka, were on the brief for intervenors Ruan Transport Companies.

James L. Grimes, Jr., Robert L. Webb and Ralph W. Oman, all of Topeka, were on the brief for intervenor Iola Transport, Inc.


The opinion of the court was delivered by

PARKER, C.J.:

These are appeals from separate judgments of the district court sustaining orders of the State Corporation Commission granting contract carrier permits for the transportation of cement. The procedural facts which are complicated and not in dispute will be briefly stated.

Five applications were filed with the State Corporation Commission for contract carrier authority by motor vehicle to transport...

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