STATE ETC. v. PUBLIC SERV. COM'N, ETC.

No. WD 31660.

617 S.W.2d 104 (1981)

STATE ex rel. TWEHOUS EXCAVATING COMPANY, INC., a corporation, et al., Relators, v. PUBLIC SERVICE COMMISSION, STATE OF MISSOURI, Respondent, and Nip Kelley Equipment Company, Inc., Intervenor.

Missouri Court of Appeals, Western District.

May 19, 1981.


Attorney(s) appearing for the Case

James C. Swearengen, Jefferson City, for relators.

Kent Michael Ragsdale, Jefferson City, for respondent.

Bernard Peter McDonnell, Jr., St. Louis, for intervenor.

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


KENNEDY, Presiding Judge.

This is an appeal by Nip Kelley Equipment Company from the judgment of the circuit court reversing an order of the Public Service Commission which had granted to it certain authority to operate as a common carrier over irregular routes in intrastate commerce. We find that the order of the Public Service Commission was supported by competent and substantial evidence and we therefore reverse the judgment of the circuit court and reinstate the...

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