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ALTERMAN TRANSPORT LINE v. CARTER

88 So.2d 594 (1955)

ALTERMAN TRANSPORT LINE, OVERSEAS TRANSPORTATION COMPANY, GREAT SOUTHERN TRUCKING COMPANY & CENTRAL TRUCK LINES, PETITIONERS, v. JERRY W. CARTER, WILBUR C. KING & RICHARD A. MACK, AS MEMBERS OF AND CONSTITUTING FLORIDA RAILROAD AND PUBLIC UTILITIES COMMISSION, RESPONDENTS.

Supreme Court of Florida, En Banc.

On Rehearing June 13, 1956.

Attorney(s) appearing for the Case

Rodgers & Kirkland, J.B. Rodgers, Jr., Thomas E. Kirkland and Howard J. Clifton, Orlando, for petitioners.

Lewis W. Petteway and Guyte P. McCord, Jr., Tallahassee, for respondents.

Minnet & Allsworth, Ft. Lauderdale, for intervenor.

MATHEWS, Chief Justice.

A petition for writ of certiorari has been filed by a common carrier, a protestant in proceedings whereby another common carrier sought a certificate to operate in territory or on a line already served by the protestant, as provided for by Subsection (3) of Section 323.03, F.S., F.S.A. The particular section under which the application for a certificate was filed is as follows:

"When application...

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