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STATE EX REL. TOEDEBUSCH v. PUBLIC SERVICE COM'N

No. 58674.

520 S.W.2d 38 (1975)

STATE of Missouri ex rel. TOEDEBUSCH TRANSFER, INC., et al., and Intervenor-Relators, Relators, v. PUBLIC SERVICE COMMISSION of Missouri et al., and Intervenor-Respondents, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied March 10, 1975.

Attorney(s) appearing for the Case

Herman W. Huber, Thomas J. Downey, Jefferson City, for relators.

Wentworth E. Griffin, Frank W. Taylor, Jr., William P. Whitaker, Reeder, Dysart & Taylor, Kansas City, for named intervenors-relators.

Kretsinger & Sapp, Tom B. Kretsinger, Warren H. Sapp, Kansas City, for intervenors-relators: Bethany Express, Inc., W. G. Carter, d/b/a W. G. Carter Truck Service, Philipp Transfer Lines, Inc., Philipp Transit Lines, Inc. and Richmond Transfer, Inc.

Harry Wiggins, Gen. Counsel, Michael K. McCabe, First Asst. Gen. Counsel, Michael F. Pfaff, Asst. Gen. Counsel, Jefferson City, for respondent, Missouri Public Service Commission.

Lashly, Caruthers, Thies, Rava & Hamel, Michael C. Walther, Albert J. Stephan, Jr., St. Louis, attorneys for intervenors-respondents Marvin E. Van Noy, d/b/a Flat River-Farmington Express, James L. Charlton, d/b/a DeSoto Express, Red Line Express, Inc., and Herbert J. McClary, d/b/a H & M Pony Express.

Lilley & Cowan, William J. Roberts, Gary A. Love, Springfield, for intervenors-respondents William W. Parnell, Jr. et al.

HENLEY, Judge.

This is an original proceeding in prohibition commenced in the court of appeals, Kansas City district, in which relators and intervenor-relators (hereinafter referred to collectively as Relators) seek to prohibit respondent Public Service Commission of Missouri (hereinafter referred to as Commission to distinguish this respondent from the intervenor-respondents) from taking any action (1) to authorize certain motor carriers who had operated freight...

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