KENTUCKY WHIP & COLLAR CO. v. ILLINOIS CENT. R. CO.

No. 7235.

84 F.2d 168 (1936)

KENTUCKY WHIP & COLLAR CO. v. ILLINOIS CENT. R. CO.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1936.


Attorney(s) appearing for the Case

Charles I. Dawson, of Louisville, Ky. (A. Shelby Winstead and Woodward, Dawson & Hobson, all of Louisville, Ky., on the brief), for appellant.

Blakey Helm, of Louisville, Ky. (Trabue, Doolan, Helm & Helm, of Louisville, Ky., E. C. Craig, of Chicago, Ill., Charles N. Burch, of Memphis, Tenn., and Edmund F. Trabue, of Louisville, Ky., on the brief), for appellee.

G. E. Dean, of Washington, D. C. (Bunk Gardner and Eli H. Brown, III, both of Louisville, Ky., on the brief), for the United States, amicus curiæ.

U. Bon Geaslin, of Washington, D. C. (Hawes & Walsh, of Washington, D. C., on the brief), for Cordage Institute and American Federation of Labor, amicus curiæ.

John J. Bennett, Jr., and Henry Epstein, both of Albany, N. Y., for state of New York, amicus curiæ.

William McCraw and Joe J. Alsup, both of Austin, Tex., for state of Texas, amicus curiæ.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.


MOORMAN, Circuit Judge.

The appellant employs convict labor in the manufacture of horse collars and strap goods, including harness, in a state penitentiary at Eddyville, Ky. It tendered to the appellee, a common carrier, at its station at Eddyville, 25 packages of collars and harness manufactured by it for shipment to customers in states other than Kentucky. Some of the packages were consigned to customers in states whose laws prohibit the sale within their borders...

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