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TEXAS & N. O. R. CO. v. LOUISIANA PUBLIC SERVICE COMMISSION

Nos. 194, 202.

41 F.2d 293 (1930)

TEXAS & N. O. R. CO. et al. v. LOUISIANA PUBLIC SERVICE COMMISSION et al. LOUISIANA PUBLIC SERVICE COMMISSION et al. v. UNITED STATES.

District Court, E. D. Louisiana, Baton Rouge Division.

June 11, 1930.

Attorney(s) appearing for the Case

Esmond Phelps, R. E. Milling, Jr., and Harry McCall, all of New Orleans, La., for various railroads.

Percy Saint, Atty. Gen., of Louisiana, Wylie M. Barrow, Asst. Atty. Gen., of Louisiana, for Louisiana Public Service Commission.

Elmer B. Collins, Asst. Atty. Gen., of the United States, for the United States.

J. Stanley Payne, Sp. Atty. to Interstate Commerce Commission, of Washington, D. C., and Bertrand I. Cahn, City Atty., of New Orleans, La., and L. E. Morgan, for Louisiana Public Service Comm.

Before FOSTER, Circuit Judge, and HOLMES and BORAH, District Judges.

FOSTER, Circuit Judge.

The Interstate Commerce Commission in an extended hearing, at which voluminous testimony was taken, investigated the rates on sand, gravel, crushed stone, and shells within the Southwest. The railroad commissions and the highway commissions of various southwestern states, including Louisiana, participated in the hearing. The commission found that certain interstate rates on the said commodities were too high and certain intrastate rates were...

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