SMITH TRANSFER CO. v. ROBINS TRANSFER CO.

6 Div. 499.

63 So.2d 351 (1953)

SMITH TRANSFER CO., Inc. v. ROBINS TRANSFER CO., Inc. et al.

Supreme Court of Alabama.

February 26, 1953.


Attorney(s) appearing for the Case

Jack Crenshaw, Montgomery, for appellant.

Maurice F. Bishop, Birmingham, for appellees.


LAWSON, Justice.

This declaratory judgment proceeding was instituted in the circuit court of Jefferson County, in equity, by Smith Transfer Company, Inc., against Robins Transfer Company, Inc., on December 12, 1951.

At the time the bill was filed the respondent, to which we will refer as Robins, was a common carrier of freight by motor vehicle and as such obtained in 1947 a certificate of public convenience and necessity (No. 769) from the Alabama Public Service...

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