STATE AUTOMOBILE INS. ASS'N v. PARRY

No. 12079.

123 F.2d 243 (1941)

STATE AUTOMOBILE INS. ASS'N v. PARRY.

Circuit Court of Appeals, Eighth Circuit.

November 13, 1941.


Attorney(s) appearing for the Case

Neill Garrett, of Des Moines, Iowa (Ben J. Gibson, Walter L. Stewart, Wendell B. Gibson, and Robert C. Waterman, all of Des Moines, Iowa, on the brief), for appellants.

Burton Dull, of Le Mars, Iowa (C. Morse Hoorneman, of Le Mars, Iowa, on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The question presented by this appeal is whether the court below had jurisdiction of this suit upon the ground that it arose under the Motor Carrier Act of 1935, 49 Stat. 543, 49 U.S.C.A. § 301 et seq., and was therefore a suit which arose "under the Constitution or laws of the United States", 28 U.S.C.A. § 41(1), and under a law "regulating commerce", 28 U.S.C.A. § 41(8).

The suit is one for a declaratory judgment, 28...

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