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DOUGLAS TRANSIT, INC. v. ICC

No. 4-87-0233.

164 Ill. App.3d 245 (1987)

517 N.E.2d 724

DOUGLAS TRANSIT, INC., et al., Plaintiffs-Appellants, v. THE ILLINOIS COMMERCE COMMISSION, Defendant-Appellee (A & B Freight Lines, Inc., et al., Intervenors-Appellees).

Appellate Court of Illinois — Fourth District.

Rehearing denied January 29, 1988.

Attorney(s) appearing for the Case

Robert T. Lawley, of Routman & Lawley, Ltd., of Springfield, for appellants.

Neil F. Hartigan, Attorney General, of Springfield (Douglas Trabaris, Special Assistant Attorney General, of Chicago, of counsel), for appellee Illinois Commerce Commission.

Carl L. Steiner and Paul A. Gajewski, both of Axelrod, Goodman, Steiner & Bazelon, of Chicago, for appellees A & B Freight Lines, Inc., Holland Motor Express, Inc., and Rudolph's Express Co.

Reversed and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

Douglas Transit, Inc., and Hunt Super Service, Inc., appeal a circuit court order affirming a decision of the Illinois Commerce Commission (Commission). The Commission granted their joint petition to transfer Douglas' certificate of public convenience and necessity (certificate) but found a large percentage of Douglas' prior hauling activity was outside of the scope of its certificate...

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