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LEMMONS & CO., INC. v. IND. CO-OP. HAULING ASS'N

No. 2-176A29.

373 N.E.2d 891 (1978)

LEMMONS & CO., INC., Gibco Motor Express, Inc., Gibson Coal Company, Inc., Trinity Trucking & Materials Corp., Haley Bros. Coal & Supply, Inc., Elmer Buchta, Butler Trucking, Inc., Carmichael Trucking Company, Inc., Don's Truck Service, Inc., H & H Bulk Transport, Inc., Skinner Motor Express, Inc., Lester L. Lee, Lynn Trucking, Inc., Silvan Trucking Company, Inc., Southard Trucking Co., Inc., Charles Smock Trucking, Inc., James L. Collins d/b/a Collins Truck Service, Ralph H. Corn, Appellants (Petitioners below), v. INDIANA COOPERATIVE HAULING ASSOCIATION, Inc., and Jers Cooperative Hauling Association, Inc., Appellees (Respondents below).

Court of Appeals of Indiana, Third District.

March 15, 1978.

Attorney(s) appearing for the Case

Michael V. Gooch and Robert B. Hebert of Harrison Moberly & Gaston, Indianapolis, for appellants.

John J. Thar, William Julian, II, Lewis, Bowman, St. Clair & Wagner, Indianapolis, for appellees.

STATON, Presiding Judge.

The petitioners filed a complaint with the Public Service Commission of Indiana against the respondents. The complaint alleged that the respondents were operating as motor carriers throughout the State of Indiana and were violating the regulations of the Commission. The respondents filed a motion to dismiss, contending that, because of their nonprofit status, they were not subject to regulation...

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