HOUSTON & NORTH TEXAS MOTOR FREIGHT LINES v. PHARES

No. 905.

19 F.Supp. 420 (1937)

HOUSTON & NORTH TEXAS MOTOR FREIGHT LINES et al. v. PHARES et al.

District Court, N. D. Texas, Fort Worth Division.

May 14, 1937.


Attorney(s) appearing for the Case

Sam McCorkle, Gerald Mann, and M. R. Irion, all of Dallas, Tex., for complainants.

William C. McCraw, Atty. Gen., of Texas, and Curtis Hill, Asst. Atty. Gen., of Texas, for respondents.

Carl Callaway, of Dallas, Tex., for intervener Southwestern Compress & Warehouse Ass'n.

J. H. Tallichet, of Houston, Tex., and W. E. Allen, Fred Wallace, and Robert Harrison, all of Fort Worth, Tex., for intervening railroads as follows: Texas & P. Ry. Co.; Texas & N. O. Ry. Co.; Chicago, R. I. & G. Ry. Co.; Fort Worth & D. C. Ry. Co.; Wichita Valley Ry. Co.; Gulf, C. & S. F. Ry. Co.; Frisco Lines; Cotton Belt; Texarkana & Ft. S. Ry. Co.; Pan Handle & S. F. Ry. Co.; and Louisiana, A. & T. Ry. Co.

Joseph B. Hays, of Chicago, Ill., for Western Railroad Ass'n.


DAVIDSON, District Judge.

You have presented here an important question. In the light of the former opinion by Judge Hughes, Sproles v. Binford, 286 U.S. 374, 52 S.Ct. 581, 76 L.Ed. 1167, and in the light of certain more recent decisions, the court thinks that it deserves, perhaps, a written opinion.

This is a suit, No. 905, in equity, in the Fort Worth Division, styled Houston & North Texas Motor Freight Lines et al. v...

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