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  5. 217 N.W.2d 813 (1974)
 

APPLICATION OF E & B RIGGING & TRANSFER INC.

No. 38855.

217 N.W.2d 813 (1974)

191 Neb. 714

Application of E & B RIGGING & TRANSFER INC., Lincoln, Nebraska, et al. Howard N. DAHLSTEN, d.b.a. Dahlsten Truck Line, and Herman Brothers, Inc., Appellees, v. Lloyd HARRIS, d.b.a. Harris Transfer, Lincoln, Nebraska, Appellant.

Supreme Court of Nebraska.

May 2, 1974.

Attorney(s) appearing for the Case

Peterson, Bowman, Coffman & Larsen, A. J. Swanson, Joseph L. Krause, R. A. Peterson, C. Russell Mattson, Lincoln, for appellant.

James E. Ryan, Paul Matt, III, Richard A. Knudsen, Lincoln, for appellees.

Heard before WHITE, C.J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.

CLINTON, Justice.

Motion for rehearing was granted in this case and after reargument we conclude that the original opinion, found at 190 Neb. 652, 211 N.W.2d 714, affirming the order of the Nebraska State Railway Commission, while correct in its result, was founded upon improper rationale. We therefore withdraw the prior opinion and substitute the following.

This is an appeal from an order...

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