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BE-MAC TRANSPORT, INC. v. COMMERCE COM.

No. 40458.

38 Ill.2d 154 (1967)

230 N.E.2d 216

BE-MAC TRANSPORT COMPANY, INC. et al., Appellees, v. ILLINOIS COMMERCE COMMISSION et al., Appellants.

Supreme Court of Illinois.

Opinion filed September 29, 1967.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (EDWARD G. FINNEGAN, Assistant Attorney General, of counsel,) for appellant Illinois Commerce Commission.

DAVID AXELROD and ROBERT H. MILLER, both of Chicago, (AXELROD, GOODMAN & STEINER, of counsel,) for appellants Rock Island Transfer & Storage Company and Michigan Express, Inc.

PEDDERSON, MENZIMER, CONDE & STONER, of Rockford, for appellees.

Judgment reversed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Rock Island Transfer and Storage Company (hereafter Rock Island) and Michigan Express, Inc., are common carriers by motor vehicle of property. They jointly applied to the Illinois Commerce Commission for authority to transfer Rock Island's certificate of public convenience and necessity as a common carrier to Michigan Express. Appellees, who are apparently competing carriers, intervened...

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