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  5. 778 S.W.2d 839 (1989)
 

STATE EX REL. SURE-WAY TRANSP. v. DIV. OF TRANSP.

No. WD 41584.

778 S.W.2d 839 (1989)

STATE, ex rel., SURE-WAY TRANSPORTATION, Oliver Motor Service, Inc., Fleming-Babcock, Inc., Leroy H. Bisges, Inc., Leeser Transportation, Inc., Appellants, v. DIVISION OF TRANSPORTATION OF the STATE OF MISSOURI, Respondent, and Joe Ruhl, et al., Intervenors.

Missouri Court of Appeals, Western District.

September 19, 1989.

Attorney(s) appearing for the Case

James C. Swearengen, Jefferson City, for appellants.

Carla Grace Holste, Jefferson City, for respondent.

Richard S. Brownlee, III, Jefferson City, for intervenor Limestone Producers Ass'n, et al.

Earl Richard Southern, Jefferson City, for intervenor Mo. Dump Truckers Ass'n, et al.

Before CLARK, P.J., and LOWENSTEIN and BERREY, JJ.

BERREY, Judge.

This appeal is from an order of the circuit court affirming a report and order issued by respondent, Missouri Division of Transportation (DOT), purporting to cancel a tariff filed by appellant and other named motor carriers.

Appellant presents two points on appeal: (1) that the circuit court erred in affirming the DOT's report and order as the tariff became effective January 16, 1987, or May 15, 1987, and DOT was without statutory authority...

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