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STATE, CITY OF ST. JOSEPH v. PUB. SERV. COM'N

No. WD 37697.

713 S.W.2d 593 (1986)

STATE of Missouri ex rel. CITY OF ST. JOSEPH, Missouri, Respondent, v. PUBLIC SERVICE COMMISSION, State of Missouri, Appellant.

Missouri Court of Appeals, Western District.

July 15, 1986.

Attorney(s) appearing for the Case

Linda K. Malinowski, Asst. General Counsel Public Service Com'n of Mo., Jefferson City, for appellant.

John D. Boeh, Asst. City Atty., St. Joseph, for respondent.

Before CLARK, C.J., and TURNAGE and KENNEDY, JJ.

CLARK, Chief Judge.

This is an appeal by the Missouri Public Service Commission from a judgment of the circuit court in Buchanan County which set aside the report and order of the Commission authorizing the applicant railroads to close the crossing of Florence Road in the City of St. Joseph at a point where the road intersected railroad tracks. The appeal contends, in effect, that the circuit court impermissibly substituted its judgment on questions of fact for that...

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