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SCHWARTZ v. COMMERCE COM'N

No. 31694.

409 Ill. 182 (1951)

98 N.E.2d 766

ARTHUR L. SCHWARTZ, Trustee, Chicago, Aurora & Elgin Railroad Company, Appellee, v. ILLINOIS COMMERCE COMMISSION and LEYDEN MOTOR COACH COMPANY, Appellants.

Supreme Court of Illinois.

Rehearing denied May 21, 1951.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM R. MING, JR., MILTON MALLIN, and JORDAN JAY HILLMAN, of counsel,) for appellant Illinois Commerce Commission; DAVID AXELROD, (AXELROD, GOODMAN & STEINER, and HARRY R. BOOTH, of counsel,) all of Chicago, for appellant Leyden Motor Coach Company.

LITTLE, WILSON & CLAUSEN, (MERRITT J. LITTLE, WILLIAM C. CLAUSEN, and GEORGE W. PRESBREY, of counsel,) all of Aurora, for appellee.

Circuit court reversed; Commerce Commission confirmed.

Mr. JUSTICE GUNN delivered the opinion of the court:

This case arises out of the application of Leyden Motor Coach Company, hereafter referred to as petitioner, for a certificate of convenience and necessity to operate a bus line along certain streets in the city of Elmhurst, village of Villa Park, and to certain point in the village of Lombard. A number of hearings were had before the commission, where...

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