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STATE v. PUBLIC SERVICE COMMISSION

No. 52022.

406 S.W.2d 5 (1966)

STATE of Missouri ex rel. KANSAS CITY TRANSIT, INC., Daniel L. Brenner, M. J. Coen, Charles G. Hanson, A. D. Martin, Sr., William S. Morris, Albert W. Thomson, Edwin B. Wright and G. Kenneth Baum, Relators-Appellants, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Tyre W. Burton, Chairman, E. L. McCllntock, William Barton, Frank W. May and Donal D. Guffey, Commissioners, Respondents.

Supreme Court of Missouri, En Banc.

September 12, 1966.

Attorney(s) appearing for the Case

Albert Thomson, Robert W. Cook, Kansas City, John H. Hendren, Jefferson City, for relators-appellants, Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, Hendren & Andrae, Jefferson City, of counsel.

Wayne W. Waldo, Gen. Counsel, Thomas J. Downey, Sp. Counsel, for respondents.

FINCH, Judge.

The Public Service Commission of Missouri, following a hearing relative to certain changes which had occurred in the capital structure of Kansas City Transit, Inc., entered this order:

"That Kansas City Transit, Inc., be and it is hereby prohibited from making further reductions in the account entitled `Unearned Surplus' (also designated by the company as `Capital Contributed') by any manner or means whatsoever without the prior authorization...

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