BARNWELL BROS. v. SOUTH CAROLINA STATE HIGHWAY DEPT.


17 F.Supp. 803 (1937)

BARNWELL BROS., Inc., et al. v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT et al.

District Court, E. D. South Carolina.

January 20, 1937.


Attorney(s) appearing for the Case

S. King Funkhouser, of Roanoke, Va., J. Ninian Beall, of Washington, D. C., and Frank Coleman, of Roanoke, Va. (S. King Funkhouser, of Roanoke, Va., J. Ninian Beall, of Washington, D. C., and Frank Coleman, of Roanoke, Va., on the brief), for plaintiffs.

John M. Daniel, J. Ivey Humphrey, and M. J. Hough, all of Columbia, S. C., and Eugene S. Blease and Steve C. Griffith, both of Newberry, S. C., for defendants.

Thomas W. Davis, of Wilmington, N. C., and Douglas McKay, of Columbia, S. C., for Atlantic Coast Line Ry. Co., intervener.

J. B. S. Lyles, of Columbia, S. C., for Seaboard Air Line Ry., intervener.

M. G. McDonald, of Greenwood, S. C., for C. & W. C. Ry. Co., intervener.

E. M. Reidy and Thomas M. Ross, both of Washington, D. C., for Interstate Commerce Commission, intervener.

John E. Benton, of Washington, D. C., amicus curiæ.

Before PARKER and NORTHCOTT, Circuit Judges, and GLENN, District Judge.


PARKER, Circuit Judge.

This is a suit to enjoin the enforcement against trucks which are being operated in interstate commerce of the provisions of sections 3, 4, 5, 6, and 7, relating to size and weight, of Act No. 259 of the General Assembly of South Carolina, approved April 28, 1933, 38 St. at Large, p. 340. The plaintiffs are either corporations engaged in operating truck lines in interstate commerce, or persons or corporations engaged in shipping produce or merchandise...

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