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KANSAS, OKLAHOMA & GULF RAILWAY CO. v. STATE

No. 35763.

275 P.2d 274 (1954)

KANSAS, OKLAHOMA & GULF RAILWAY COMPANY, a corporation, Plaintiff in Error, v. STATE of Oklahoma, Corporation Commission of the State of Oklahoma, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 14, 1954.

Application for Leave to File Second Petition for Rehearing Denied October 5, 1954.

Attorney(s) appearing for the Case

R.M. Mountcastle, James D. Gibson, Muskogee, H.L. Smith, Tulsa, for plaintiff in error.

James G. Welch, L.D. Thomas, Jr., Montford Johnson, Oklahoma City, for Corporation Commission.

Harold Shoemake, Muskogee, for protestants.

WILLIAMS, Justice.

This case is here on appeal from an order of the Corporation Commission of Oklahoma, refusing permission and authority to appellant and denying it the right to discontinue operation of its passenger trains numbers 9 and 10 between Muskogee, Oklahoma, and the Oklahoma-Texas state line.

The factual situation herein is so similar to those in the recent cases of St. Louis-San Francisco Ry. Co. v. State, Okl., 262 P.2d 168

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