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VULCAN FREIGHT LINES v. K & B HAULING

1920025.

621 So.2d 248 (1993)

VULCAN FREIGHT LINES, INC., et al. v. K & B HAULING COMPANY, INC.

Supreme Court of Alabama.

Rehearing Denied May 21, 1993.

Attorney(s) appearing for the Case

Chad S. Wachter and Robert S. Richard of Capell, Howard, Knabe & Cobbs, P.A., Montgomery, for Bishop Brothers Hauling, Inc., Cook Transports, Inc., Osborne Carriers, Inc. and Vulcan Freight Lines, Inc.

S. Powers Lambert, Montgomery, for Alabama Public Service Com'n.

George M. Boles of Weaver, Boles & Elmore, Birmingham, for K & B Hauling Co., Inc.

SHORES, Justice.

The Alabama Public Service Commission ("APSC") and certain protesting carriers, including Vulcan Freight Lines, Inc., appeal from an order of the Jefferson County Circuit Court reversing the APSC's denial of an application by K & B Hauling Company, Inc. ("K & B"), to institute a new operation as a contract carrier by motor vehicle. We reverse and remand.

K & B, an Alabama corporation...

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