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CARTER v. POWELL

No. 9032.

104 F.2d 428 (1939)

CARTER et al. v. POWELL et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1939.

Attorney(s) appearing for the Case

Theo. T. Turnbull and Wm. P. Simmons, Jr., both of Tallahassee, Fla., for appellants.

Jos. F. Johnston, of Norfolk, Va., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

Rehearing Denied July 14, 1939. See 104 F.2d 1012.

HOLMES, Circuit Judge.

By ancillary petition in the court below, the appellees sought and obtained a permanent injunction restraining the enforcement against them of an order, promulgated by the Florida Railroad Commission, which prohibited the operation of a dining car by any railroad in the state, unless the same should be continuously in charge of an employee having the...

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