SMITH & SMITH, INC. v. S.C.P.S.C.

20769

271 S.C. 405 (1978)

247 S.E.2d 677

SMITH & SMITH, INC., Aggregate Haulers, Inc., Clarkson Brothers Machinery Haulers, Inc., L.A. Chitwood, Jr., Santee Cement Carriers, Inc., The George A. Rheman Company, Inc., and H.W. Brasington Sand & Gravel Company, Inc., Respondents, v. The SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Westbury Trucking Company, Inc., Willms Trucking Company, Inc., and Harvin Truck Lines, Inc., Appellants.

Supreme Court of South Carolina.

September 19, 1978.


Attorney(s) appearing for the Case

Robert T. Bockman, Columbia, for appellant S.C. Public Service Commission.

Jefferson V. Smith, Jr., Greenville, for appellants Westbury Trucking Co., Inc., et al.

Lawrence M. Gressette, Jr., St. Matthews, for respondents Smith & Smith, Inc., et al.

O. Allan Alexander, Darlington, for respondent H.W. Brasington Sand & Gravel Co., Inc.


September 19, 1978.

NESS, Justice:

This action is to vacate certain orders of the Public Service Commission approving the transfer of four Class "E" Certificates of Public Convenience and Necessity.1 The trial court set aside the transfers and remanded the issue to the Commission for a hearing, with notice. We affirm.

In January of 1975, the Commission received applications for the transfer of two Class "E" Certificates...

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