UNITED STATES v. RUSSELL & TUCKER

No. 8445.

95 F.2d 684 (1938)

UNITED STATES v. RUSSELL & TUCKER et al.

Circuit Court of Appeals, Fifth Circuit.

March 22, 1938.


Attorney(s) appearing for the Case

Tom De Wolfe, Sp. Asst. to Atty. Gen., J. J. Greenleaf, Sp. Atty., Department of Justice, of Richmond, Ky., and Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex.

R. B. Caldwell, of Kansas City, Mo., Dayton Moses and Hugh B. Smith, both of Fort Worth, Tex., and A. J. Lewis, of San Antonio, Tex., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

In 1918 and 1922 the United States through the Bureau of Animal Industry were, by way of regulating interstate commerce, prohibiting the movement of cattle from fever tick infested points in Texas to other states, unless inspected and treated as required by regulations. Texas cattle carrying ticks were themselves immune to the splenetic fever caused or transmitted by the bite of ticks, but nonimmune cattle in tick free territory to whom ticks...

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