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CANADA v. PEAKE, INC.

No. 36883.

165 N.W.2d 587 (1969)

184 Neb. 52

In the Matter of the Application of Earl A. Canada, etc., Earl A. CANADA, dba Canada Transport, Lexington, Nebraska et al., Appellees, v. PEAKE, INC., et al., Appellants, Impleaded with Wynne Transport Service, Inc., Appellee.

Supreme Court of Nebraska.

February 28, 1969.

Attorney(s) appearing for the Case

Robert E. Powell, James E. Ryan, Lincoln, for appellants. Nelson, Harding, Leonard & Tate, J. Max Harding, Lincoln, for appellees.

Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and STUART, District Judge.

SPENCER, Justice.

The Nebraska State Railway Commission granted operating rights to Earl A. Canada as a common motor carrier of petroleum products over irregular routes. The certificate described his territorial authority ambiguously, and in subsequent proceedings for extension and interpretation, final orders went against Canada. In the present proceeding the commission extended his territory on the ground that he had been operating under color of authority. Competing...

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