BROWNWOOD NORTH & SOUTH RY. CO. v. RAILROAD COMMISSION

No. 356.

16 F.2d 297 (1926)

BROWNWOOD NORTH & SOUTH RY. CO. v. RAILROAD COMMISSION OF TEXAS et al.

District Court, W. D. Texas, Austin Division.

December 24, 1926.


Attorney(s) appearing for the Case

Goree, Odell & Allen, of Fort Worth, Tex., for plaintiff.

Dan Moody, Atty. Gen., and Charles W. Trueheart and Paul D. Page, Jr., Asst. Attys. Gen., of Texas, for defendants.

Before FOSTER, Circuit Judge, and WEST and HUTCHESON, District Judges, sitting under section 266, Judicial Code.


WEST, District Judge.

The plaintiff seeks equitable relief, suit filed May 10, 1926, on grounds that the entire period of operation from 1912 to July, 1926, resulted in continuing losses, with no reasonable prospect that revenues will in future meet the costs of maintenance, replacements, and operation and give a fair return on the investment; that the laws of Texas require daily train service under prohibitive penalties; that the Railroad Commission of Texas is without...

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