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COMBS v. DAVE BOSTER, INC.

386 S.W.2d 748 (1965)

Ben M. COMBS, Commissioner, and the Department of Motor Transportation, Appellant, v. DAVE BOSTER, INC., Appellee.

Court of Appeals of Kentucky.

February 5, 1965.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., F. P. Farmer, Sp. Asst. Atty. Gen., Frankfort, for appellant.

Rudy Yessin, Smith, Reed, Yessin & Davis, Frankfort, for appellee.

WADDILL, Commissioner.

This appeal presents the question of whether regulation 12-02 of the Department of Motor Transportation contravenes KRS-281.665(7) in that it has the effect of improperly restricting the operations of Dave Boster, Inc. The trial judge answered this affirmatively.

Under the provisions of KRS 281.665 (7), if the Department ceases to designate a certain commodity as "exempted," a qualified motor carrier "may be entitled to such authority...

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