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IN RE WENGERT TRANSP., INC.

No. 84-00146.

59 B.R. 226 (1986)

In re WENGERT TRANSPORTATION, INC., d/b/a City Delivery, Debtor. WENGERT TRANSPORTATION, INC., d/b/a City Delivery, Plaintiff, v. CROUSE CARTAGE COMPANY, T. Scott Bannister, North Iowa Express, Inc., Le Mars Transfer Company, Inc., Kile Transfer Corp., and Thomas E. Leahy, Defendants.

United States Bankruptcy Court, N.D. Iowa, E.D.

March 31, 1986.

Attorney(s) appearing for the Case

J. Richard Johnson, Cedar Rapids, Iowa, for plaintiff.

T. Scott Bannister, Des Moines, Iowa, for Crouse Cartage Co.

Thomas E. Leahy, Des Moines, Iowa, for North Iowa Exp., Inc., LeMars Transfer Co., Inc., Kile Transfer Corp.

Ted Metier, Iowa Dept. of Transp., Transp. Regulation Authority, Des Moines, Iowa, for intervenor, IDOT.

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

On December 27, 1983, Wengert Transportation, Inc., d/b/a City Delivery ("the debtor") filed an application with the Iowa Transportation Regulation Authority ("the TRA") for a certificate of public convenience and necessity pursuant to IOWA CODE § 325.12 (1983) and was issued a temporary certificate. Protests to the application were subsequently received by the TRA from Crouse Cartage Company,...

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