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PELICAN TRANSFER & STORAGE v. KANSAS CORPORATION COMM.

No. 44,059

195 Kan. 76 (1965)

402 P.2d 762

PELICAN TRANSFER AND STORAGE, INC., Appellee, v. KANSAS CORPORATION COMMISSION, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Ray E. Cooley and Charles R. Escola, of Topeka, argued the cause, and E. Edward Johnson, of Topeka, was with them on the briefs for appellant.

Milford M. Magee, of Topeka, argued the cause, and Warren W. Wagoner, of Topeka, was with him on the briefs for appellee.

C.J. Putt, W.E. Treadway, J.B. Reeves and Roth A. Gatewood, of Topeka, were on briefs amicus curiae.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a judgment entered in a declaratory judgment action. (K.S.A. 60-1701 et seq.) Pelican Transfer and Storage, Inc. (Pelican) sought a declaratory judgment to obtain an interpretation of its operating rights under an intrastate certificate of convenience and necessity and to enjoin the State Corporation Commission (commission), and the Kansas Highway Patrol from interfering with...

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