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STATE v. PUBLIC SERVICE COMMISSION

No. 52340.

411 S.W.2d 190 (1966)

STATE of Missouri ex rel. LEE AMERICAN FREIGHT SYSTEM, INC., Relator-Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Tyre W. Burton, Chairman, E. L. McClintock, Frank W. May, William Barton and Donal D. Guffey, Commissioners, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 13, 1967.

Attorney(s) appearing for the Case

Stewart & Bruntrager, Raymond A. Bruntrager, St. Louis, for appellant.

Wayne W. Waldo, Gen. Counsel, H. Burks Davis, Errol D. Taylor, Attys., Jefferson City, for respondents.

Orville Richardson, St. Louis, for Motor Carriers Council of St. Louis, Inc., amicus curiae.

Swanson, Midgley, Jones, Eager & Gangwere, Kenneth E. Midgley, Ralph M. Jones, Kansas City, for Highway Carriers Ass'n, Inc., amicus curiae.

FINCH, Judge.

Lee American Freight System, Inc., (Lee American) appeals from affirmance by the Circuit Court of an order of the Public Service Commission (Commission) which found it guilty of violation of Rule 37 of General Order No. 33-D (issued under the Missouri Bus and Truck Law) for failure to have a fire extinguisher on one of its trucks. The Kansas City Court of Appeals affirmed but, on application, we directed transfer of the case. We now decide it the same...

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