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STATE EX REL. v. DIV. OF TRANSP.

No. WD 44752.

825 S.W.2d 19 (1992)

STATE of Missouri, ex rel., LEONARD TRUCKING COMPANY, INC., Respondent, v. DIVISION OF TRANSPORTATION, DEPARTMENT OF ECONOMIC DEVELOPMENT, Appellants.

Missouri Court of Appeals, Western District.

February 11, 1992.

Attorney(s) appearing for the Case

David Eugene Woodside, Jefferson City, for appellants.

Stephen George Newman, Jefferson City, for respondent.

Before TURNAGE, P.J., and KENNEDY and BERREY, JJ.

KENNEDY, Judge.

Respondent Leonard Trucking Company held a Certificate of Public Convenience and Necessity from the Missouri Department of Transportation which authorized it to transport bulk commodities from one point to another within the State of Missouri over the public highways a distance no more than 150 miles.

Missouri Department of Transportation charged Leonard with exceeding its authority in transporting coal from a point "west of Nevada, Missouri...

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