Baggett Transportation Co. v. Alabama Public Service Commission

SIMPSON, Justice.

This is an appeal from a decree of the Circuit Court in Equity of Montgomery County affirming an order of the Alabama Public Service Commission.

The appellee transportation companies have filed a motion to dismiss the appeal grounded upon two theories: (1) the belated filing of the transcript; and (2) the belated filing of appellants’ brief. The first ground is well taken, so we need not consider the second. Rather than dismissing the appeal we will strike the transcript and affirm the decree. See Donahoo v. Kerns, infra.

Appellee Public Service Commission, joined by the…