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

No. KCD 28220.

542 S.W.2d 595 (1976)

STATE ex rel. John F. OLIVER et al., Relators-Respondents, v. PUBLIC SERVICE COMMISSION of the State of Missouri, Respondent-Appellant, and Hardy's, Inc., Intervenor-Appellant.

Missouri Court of Appeals, Kansas City District.

October 12, 1976.

Attorney(s) appearing for the Case

Leland B. Curtis, Jefferson City, for Public Service Com'n, respondent-appellant.

Thomas P. Rose, Jefferson City, for Hardy's, Inc., intervenor-appellant.

Herman W. Huber, Jefferson City, for Leeser Transp., Inc. and Walter Smarr.

James C. Swearengen, Hawkins, Brydon & Swearengen, Jefferson City, for Twehous Excavating Co., Inc., and Anderson Transp., Inc.

Before SHANGLER, P.J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

This is an appeal from a judgment of the court below entered August 7, 1975, reversing an order of the Missouri Public Service Commission (P.S.C.), under judicial review pursuant to Section 386.510 RSMo 1969.

The procedural background of this matter reveals that on February 22, 1974, Hardy, Inc. (Hardy), a company engaged in heavy construction (roads and bridges), with its principal office and place of business at Shelbyville, Shelby County...

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