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SHOCKEY TOURS, INC. v. MILLER TRANSP., INC.

Nos. 97-SC-511-DG, 97-SC-528-DG.

984 S.W.2d 95 (1998)

SHOCKEY TOURS, INC., and James Fisher d/b/a Fisher Buses, Appellants, v. MILLER TRANSPORTATION, INC.; Lawrence Dulin, Jr. d/b/a L'Omare Shuttle Service; Southern Kentucky Bus Lines, Inc.; Amazing America Tours, Inc., d/b/a Travel America; Louis V. Burton d/b/a V & K INC.; V & K INC.; and Commonwealth of Kentucky, Transportation Cabinet, Department of Vehicle Regulation, Appellees. Toby Tours, Inc., Appellant, v. Miller Transportation, Inc.; Lawrence Dulin, Jr. d/b/a L'Omare Shuttle Service; Southern Kentucky Bus Lines, Inc.; Amazing America Tours, Inc., d/b/a Travel America; Louis V. Burton d/b/a V & K INC.; V & K INC. and Commonwealth of Kentucky, Transportation Cabinet, Department of Vehicle Regulation, Appellees.

Supreme Court of Kentucky.

December 17, 1998.

Attorney(s) appearing for the Case

Roland P. Merkel, Frankfort, Julian M. Carroll, Frankfort, for Appellants.

Joseph H. Cohen, J. Gregory Troutman, Louisville, William E. Johnson, Frankfort, Edwin A. Logan, Frankfort, Jonathan Todd Shipp, Patrick B. Clayton, Frankfort, for Appellees.

Silas Toby, Appellee Pro Se.

WINTERSHEIMER, Justice.

This appeal is from an opinion of the Court of Appeals which reversed and remanded the decision of the Franklin Circuit Court which upheld the decision of the Department of Vehicle Registration granting Certificates of Public Convenience and Necessity to Shockey Tours, Fisher and Toby Tours. The Court of Appeals held that Shockey Tours, Fisher and Toby Tours did not hold a valid certificate at the time of their original application for authority...

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