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OILFIELD FLUID MOTOR CARRIERS v. KANSAS CORP. COMM'N

No. 55,691

234 Kan. 983 (1984)

677 P.2d 982

OILFIELD FLUID MOTOR CARRIERS, (Participants in K.M.C.A. Tariff 90-E, KCC No. 80) Appellees/Cross-Appellants, v. THE STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, R.C. LOUX, Chairman, JANE T. ROY, and PHILLIP R. DICK, Commissioners and their respective successors in office as members of the STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, Appellants/Cross-Appellees.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

Robert M. Fillmore, special assistant attorney general and assistant general counsel for KCC, argued the cause, and Brian J. Moline, general counsel for KCC, was with him on the briefs for appellants/cross-appellees.

William L. Mitchell, of Mitchell and Henry, of Hutchinson, argued the cause and was on the brief for appellees/cross-appellants.

John E. Jandera, of Jandera, Gregg & Barker, of Topeka, argued the cause and was on the brief for intervenors Holton Transport, Inc., Capitol City Moving and Storage, Inc., Darnall Truck Service, Inc., Cyrus Truck Line, Inc., Prouty Truck Line, Inc., and Hofer, Inc.

The opinion of the court was delivered by

HOLMES, J.:

The State Corporation Commission of Kansas (KCC) appeals from a district court judgment invalidating a 3% rate increase order issued by the KCC and granting an 18% rate increase as sought by the plaintiffs. The plaintiffs have cross-appealed from the district court's findings that the order of the KCC was timely issued and that the 3% rate granted by the KCC was reasonable and supported by substantial competent...

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