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GULF COAST MOTOR FREIGHT LINES v. UNITED STATES

Civ. No. 317.

35 F.Supp. 136 (1940)

GULF COAST MOTOR FREIGHT LINES, Inc., v. UNITED STATES et al.

District Court, S. D. Texas, Houston Division.

April 17, 1940.

Attorney(s) appearing for the Case

J. J. Shaw, of Houston, Tex., and Amos M. Felts, of Austin, Tex., for plaintiff.

Scott & Wilson, of Waco, Tex., and Baker, Botts, Andrews & Wharton, of Houston, Tex., for defendant.

Before HUTCHESON, Circuit Judge, and KENNERLY and BRYANT, District Judges.

HUTCHESON, Circuit Judge.

Plaintiff applied to the commission under the two provisos of Section 306(a), 49 U. S.C.A., the first, or "grandfather" proviso; the second or certificate clause.1 At the hearing it made no serious effort to make proof under the first proviso, but rested its rights upon the second proviso and a permit or certificate, it had obtained from the Texas State Commission, not of public convenience and necessity, but...

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