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STATE EX REL. KANSAS CITY v. PUBLIC SERVICE COM'N

No. 58285.

524 S.W.2d 855 (1975)

STATE of Missouri ex rel. KANSAS CITY, Missouri, a Municipal Corporation, Relator-Appellant, v. PUBLIC SERVICE COMMISSION of the State of Missouri, and Marvin E. Jones, Chairman, et al., Respondents, Kansas City Terminal Railway Company, Intervenor-Respondent.

Supreme Court of Missouri, En Banc.

Rehearings Denied July 14, 1975.

Attorney(s) appearing for the Case

Aaron A. Wilson, City Atty., Carrol C. Kennett, Asst. City Atty., Kansas City, for relator-appellant.

William M. Stapleton, Sam D. Parker, Kansas City, Thomas J. Downey, Jefferson City, for intervenor-respondent.

FINCH, Judge.

This is an appeal from a judgment affirming an order of the Public Service Commission (P.S.C.) that directed repairs to and reconstruction of certain viaducts over tracks of Kansas City Terminal Railway Company (Terminal) and apportioned the costs thereof between Terminal and Kansas City (City). An opinion affirming that judgment was written in Division I. On the court's own motion, the case was then transferred to the court en banc. After reargument...

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