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JEFFERSON LINES, INC. v. MISSOURI PUBLIC SERV. COMM'N

No. 30152.

581 S.W.2d 124 (1979)

JEFFERSON LINES, INC., a Minnesota Corporation, Kansas City, Missouri, Greyhound Lines, Inc., Phoenix, Arizona, Continental Trailways, Inc., Dallas, Texas, American Buslines, Inc., Dallas, Texas, Midwest Buslines, Inc., North Little Rock, Ark., Missouri Transit Lines, Inc., Moberly, Missouri, Appellants, v. MISSOURI PUBLIC SERVICE COMMISSION, Jefferson City, Missouri, and James P. Mulvaney, Mrs. Leah McCartney, Hugh A. Sprague, and Stephen B. Jones, Commissioners of the Missouri Public Service Commission, Respondents.

Missouri Court of Appeals, Western District.

April 30, 1979.

Attorney(s) appearing for the Case

Elvin S. Douglas, Jr., Crouch, Crouch, Spangler & Douglas, Harrisonville, for appellants.

Paul W. Phillips, Arthur L. Conover, Mo. Public Service Commission, Jefferson City, for respondents.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

TURNAGE, Judge.

Jefferson Lines, Inc. and five other bus lines filed a declaratory judgment suit in the Circuit Court of Jackson County, alleging a rule adopted by the Public Service Commission and published in 4 C.S.R. 240-110.060(1) and (1)(A) to be invalid and unenforceable as exceeding the statutory authority of the Commission. The court sustained a motion to dismiss because the proper venue for the action was Cole County under § 386.510, RSMo 1975 Supp....

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