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STANTON v. KCC

No. 49,053

2 Kan. App. 2d 228 (1978)

577 P.2d 367

ROBERT J. STANTON, Trustee of Tulsa Crude Oil Purchasing Company, and MILLER TRUCKING SERVICE, INC., Appellants, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellee, BECKER CORPORATION, THOMPSON TRANSPORT COMPANY, INC., KOCH INDUSTRIES, CLEAR CREEK TRANSPORTATION COMPANY, INC., WESTERN OIL TRANSPORTATION COMPANY, INC., and GROENDYKE TRANSPORT, INC., Intervenors-Appellees.

Court of Appeals of Kansas.

Petition for review denied June 14, 1978.

Attorney(s) appearing for the Case

Clyde N. Christey of Rooney, Rooney & Christey, of Topeka, and Robert Woolsey and Harvey Lechner of Farmer, Woolsey, Tips & Gibson, of Tulsa, Oklahoma, for the appellants.

Thomas J. Pitner, general counsel, of the State Corporation Commission of the State of Kansas, and Jenifer L. Ewbank, special counsel, of Oklahoma City, Oklahoma, for the appellee.

Erle W. Francis, of Topeka, for the intervenors Becker Corporation, Thompson Transport Company, Inc., Koch Industries, and Clear Creek Transportation Company, Inc.

D.S. Hults, of Lawrence, for the intervenor Groendyke Transport, Inc.

Dennis L. Gillen, of Wichita, for the intervenor Western Oil Transportation Company, Inc.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.

SPENCER, J.:

This is an appeal from the judgment of the district court which affirmed an order of the State Corporation Commission denying reinstatement of the certificate of public convenience and necessity formerly held by Miller Trucking Service, Inc.

During the course of pre-hearing preparation by this court it was discovered that, although the judgment of the district court was entered February 7, 1977...

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