GRAVES TRUCK LINE, INC., v. STATE CORPORATION COMM.

No. 47,391

215 Kan. 565 (1974)

527 P.2d 1065

GRAVES TRUCK LINE, INC., KENNETH F. SHADE, d/b/a K and B FREIGHT LINE, CASSELL TRUCK LINES, INC., and STEVENS EXPRESS, INC., Appellees and Cross-Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellant and Cross-Appellee, and EXHIBITORS FILM DELIVERY AND SERVICE COMPANY, INC., Intervenor, and JAYHAWK TRUCK LINES, INC., Intervenor.

Supreme Court of Kansas.

Opinion filed November 2, 1974.


Attorney(s) appearing for the Case

Paul R. Bergant, of Topeka, assistant general counsel for the State Corporation Commission, argued the cause, and James E. Wells, of Topeka, general counsel, was with him on the brief for the appellant and cross-appellee.

John E. Jandera, of Topeka, argued the cause, and James P. Mize, of Salina, was with him on the brief for the appellees and cross-appellants.

Richard C. Byrd, of Anderson, Byrd & Richeson, of Ottawa, argued the cause and was on the brief for the intervenor, Exhibitors Film Delivery and Service Company, Inc.

Paul V. Dugan, of Wichita, was on the brief for the intervenor, Jayhawk Truck Lines, Inc.


The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from a district court order vacating and setting aside certain parts of an order of the State Corporation Commission granting Jayhawk Truck Lines, Inc., a certificate of convenience and necessity as a common carrier of general commodities. Formal protests to the application were filed by Graves Truck Line, Inc., and other motor carriers, who are now aligned as appellees and cross-appellants...

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