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ALABAMA PUBLIC SERVICE COM'N v. CHEM-HAULERS, INC.

SC 981.

309 So.2d 453 (1975)

ALABAMA PUBLIC SERVICE COMMISSION et al. v. CHEM-HAULERS, INC., a corporation, et al.

Supreme Court of Alabama.

Rehearing Denied March 27, 1975.

Attorney(s) appearing for the Case

Carl Evans, Montgomery, for Alabama Public Service Commission.

Maurice F. Bishop, Birmingham, J. Douglas Harris, Montgomery, for intervenor-appellants.

Robert S. Richard and William K. Martin, Montgomery, for Ross Neely Express, Inc., Schwerman Trucking Co., and Ecoff Trucking, Inc.

Winston B. McCall, Birmingham, for appellees.

MERRILL, Justice.

The Alabama Public Service Commission overruled a finding of one of its examiners without making any findings of fact. The circuit court set the order aside. We affirm.

Deaton, Inc., and Chem-Haulers, Inc., filed an application with the Alabama Public Service Commission, hereinafter referred to as APSC or the Commission, under the provisions of the Alabama Motor Carrier Act of 1939, Tit. 48, §§ 301(1)-301(5),

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