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ALABAMA POWER CO. v. SOUTHERN PINE ELECTRIC COOP.

3 Div. 848.

118 So.2d 907 (1959)

ALABAMA POWER COMPANY v. SOUTHERN PINE ELECTRIC COOPERATIVE.

Supreme Court of Alabama.

Rehearing Denied April 7, 1960.

Attorney(s) appearing for the Case

Jones & Jones, Evergreen, Brooks & Garrett, Brewton, Martin & Blakey, Carey J. Chitwood and Harold Williams, Birmingham, for appellant.

Thos. E. Milligan, Brewton, J. M. Williams, Jr., and Rushton, Stakely & Johnston, Montgomery, Edwin C. Page, Jr., Evergreen, and Jos. C. Swidler, Nashville, Tenn., for appellee.

PER CURIAM.

The causative facts of this litigation and the decree under review are fully described in the dissenting opinion of Justice SIMPSON and need not be included herein.

In disagreeing with the decree of the trial court it is sufficient for us to say that we do not believe that the provisions of § 332, Title 48, Code of 1940, should be now construed by the courts as requiring certificates of public convenience and necessity in order to engage in...

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