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STATE OF ALABAMA v. UNITED STATES INTERSTATE COM. COM'N

No. 613.

42 F.2d 469 (1930)

STATE OF ALABAMA et al. v. UNITED STATES INTERSTATE COMMERCE COMMISSION et al.

District Court, N. D. Alabama.

June 25, 1930.

Attorney(s) appearing for the Case

Watkins, Asbill & Watkins, of Atlanta, Ga., for plaintiff.

W. N. McGehee, of Washington, D. C. (for Southern Ry. Co.), Frank W. Gwathmey and Elmer B. Collins, Sp. Asst. Attys. Gen., and E. M. Reidy, of Washington, D. C. (for Interstate Commerce Commission), for defendant.

Before BRYAN, Circuit Judge, and SIBLEY and BORAH, District Judges.

SIBLEY, District Judge.

The state of Alabama and the Alabama Public Service Commission brought suit to set aside and enjoin an order of the Interstate Commerce Commission dated October 3, 1927, modified December 22, 1927, whereby it was required that intrastate rates on fertilizers and fertilizer materials in Alabama should not be less for corresponding distances than those contemporaneously applied in interstate commerce as established under a previous order of the...

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