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BIRMINGHAM ELECTRIC CO. v. ALABAMA PUB. SERV. COM'N

3 Div. 558.

47 So.2d 449 (1950)

BIRMINGHAM ELECTRIC CO. v. ALABAMA PUBLIC SERVICE COMMISSION.

Supreme Court of Alabama.

June 30, 1950.

Attorney(s) appearing for the Case

Wm. B. White, S. M. Bronaugh and White, Bradley, Arant & All, all of Birmingham, for appellant.

A. A. Carmichael, Atty. Gen., for the State.

MacDonald Gallion, for Alabama Public Service Commission.

Maurice F. Bishop, John S. Foster, J. H. Willis, Tom Huey and Mayer U. Neufield, all of Birmingham, for Jefferson County and City of Birmingham.

Albert Boutwell, of Birmingham, for Chappell and others, movants.

BROWN, Justice.

The Alabama Public Service Commission on April 30, 1948 entered an order denying the application of appellant, Birmingham Electric Company, for a change in rates filed March 16, 1948, under § 53, Tit. 48, Code of 1940, and from said order of the Commission the appellant here perfected its appeal to the Circuit Court of Montgomery County under § 79, Tit. 48, Code of 1940, and pending said appeal in the circuit court it applied to that court...

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