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ARKANSAS COM. COM'N v. KANSAS CITY SOUTHERN RY. CO.

No. 5-4564.

428 S.W.2d 83 (1968)

244 Ark. 912

ARKANSAS COMMERCE COMMISSION, Appellants, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellee.

Supreme Court of Arkansas.

May 21, 1968.

Attorney(s) appearing for the Case

Claude Carpenter, Jr., Little Rock, for appellants.

Thomas Harper, Ft. Smith, for appellee.

WARD, Justice.

This is an appeal from the trial court's judgment reversing the action of the Arkansas Commerce Commission (appellant) wherein it denied the Kansas City Southern Railway Company (appellee) authority to close its station located at Winthrop in Little River County.

The above proceeding was initiated and prosecuted in accord with the provisions of Ark.Stat.Ann. § 73-809, subd. b (Supp. 1967) which, in parts material here, reads:

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