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DARNELL TRUCK SERVICE v. STATE CORPORATION COMMISSION

No. 43,857

194 Kan. 96 (1964)

397 P.2d 385

JESSEE DARNELL TRUCK SERVICE of Great Bend, Kansas; MARMAC OIL FIELD TRUCKING of El Dorado, Kansas; KOPFMAN TRUCKING COMPANY of Chase, Kansas; ESFELT TRUCKING INC., of Great Bend, Kansas; H.J. JEFFRIES TRUCK LINE of Oklahoma City, Oklahoma; PHIL WAGNER TRUCK SERVICE of Great Bend, Kansas; RANEY TRUCK SERVICE of Cunningham, Kansas; A.C. TRUCK SERVICE of Great Bend, Kansas; McCURRY TRUCK SERVICE of Madison, Kansas; L.E. WHITLOCK TRUCK SERVICE, INC., of Stafford, Kansas; E.M. KELLER & CO., INC., of Pampa, Texas; W.M. SMITH, dba SMITH TRUCK SERVICE of Perry, Oklahoma; E.M. GREGG TRUCK SERVICE of Hugoton, Kansas; R.C. WILLIAMS, INC., of Russell, Kansas; HICKERSON BROTHERS TRUCK CO., INC., of Great Bend, Kansas; LOU TYRRELL TRUCKING CO., of Chase, Kansas; C. & H. TRANSPORTATION CO., INC., of Dallas, Texas; and H.D. COUNTER OIL FIELD TRUCKING of El Dorado, Kansas, Appellants, v. STATE CORPORATION COMMISSION OF KANSAS, Appellee; THUNDERBIRD DRILLING, INC., Intervenor.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Leland M. Spurgeon, of Topeka, argued the cause, and Eugene W. Hiatt and Walter N. Scott, Jr., were with him on the briefs for appellants.

Charles C. McCarter, of Wichita, argued the cause, and Robert C. Londerholm, General Counsel, and E. Edward Johnson, Assistant General Counsel, for the State Corporation Commission, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The appellants are motor common carriers of property for the transportation of a full line of oil field equipment, materials and supplies, between all points and places in Kansas over irregular routes, holding certificates of convenience and necessity from the State Corporation Commission. They seek review of the order of the district court sustaining the order of the commission granting a contract-carrier...

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