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HOLTON TRANSPORT v. KANSAS CORPORATION COMM'N

No. 56,874

10 Kan. App. 2d 12 (1984)

690 P.2d 399

HOLTON TRANSPORT, INC., Appellant, v. STATE CORPORATION COMMISSION OF THE STATE OF KANSAS and TRANS-OIL, LTD., Appellees.

Court of Appeals of Kansas.

Opinion filed November 15, 1984.

Attorney(s) appearing for the Case

D.S. Hults, of Lawrence, for the appellant.

John Jay Rosacker, assistant general counsel, of Topeka, for appellee State Corporation Commission.

John L. Richeson, of Anderson, Byrd & Richeson, of Ottawa, for appellee Trans-Oil, Ltd.

Before PARKS, P.J., BRISCOE, J., and JEROME HARMAN, Chief Judge Retired, assigned.

Petition for review denied 236 Kan. 875 (1985).

HARMAN, C.J. Retired:

In this proceeding for common carrier authority, appellant Holton Transport, Inc. seeks relief from a district court order remanding the matter to the Kansas Corporation Commission for a more specific and concise statement of its findings. Holton asserts, instead, the court should have declared the KCC's action unlawful and void.

The threshold question is whether the court's order...

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