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BEELMAN TRUCK v. ELMER BUCHTA TRUCKING

No. 49A02-9204-CV-170.

611 N.E.2d 655 (1993)

BEELMAN TRUCK Co., Appellant, v. ELMER BUCHTA TRUCKING, Inc., Foster Brothers Trucking, Inc., Gerig's Trucking & Leasing, Inc., Gibco Motor Express, Inc., Jack Gray Transport, Inc., H & H Bulk Transport, Inc., Haley Brothers Coal & Supply, Inc., Haul Transport of Va, Inc., Rose Brothers Trucking, Inc., Schwerman Trucking, Co., Appellees.

Court of Appeals of Indiana, First District.

March 30, 1993.

Attorney(s) appearing for the Case

Andrew K. Light, Lynn D. Lidke, Scopelitis, Garvin, Light & Hanson, Indianapolis, for appellant.

Robert B. Hebert, David R. Day, Johnson, Smith, Densborn, Wright & Heath, Joseph P. Murdock, Smith & Murdock, Robert W. Loser, II, Brett R. Fleitz, Steers, Sullivan, McNamar & Rogers, Indianapolis, for appellees.

BAKER, Judge.

Appellant-applicant Beelman Truck Co. (Beelman) challenges the Indiana Department of Revenue's (the Department's)1 restrictions governing Beelman's motor common carrier operating authority in Indiana. Beelman raises two issues for our review:

I. Whether the Department's prohibition of Beelman's proposed use of trailer equipment leased from Citizens Gas & Coke Utility (Citizens Gas) was contrary to law.

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