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BRASWELL v. UNITED STATES

Civ. No. 244.

49 F.Supp. 940 (1943)

BRASWELL v. UNITED STATES et al.

District Court, W. D. Texas, El Paso Division, Sitting at Waco.

April 13, 1943.

Attorney(s) appearing for the Case

Edward Dumbauld, Sp. Asst. to Atty. Gen., Tom C. Clark, Acting Asst. Atty. Gen., and Ben Foster, U. S. Atty., of Washington, D.C., for the United States.

Daniel H. Kunkel, Asst. General Counsel, Interstate Commerce Commission, and Daniel W. Knowlton, Chief Counsel, Interstate Commerce Commission, both of Washington, D. C., for the Interstate Commerce Commission.

Culbertson, Morgan, Christopher & Bailey, of Fort Worth, Tex. (T. S. Christopher and Cecil A. Morgan, both of Fort Worth, Tex., of counsel), for J. V. Braswell.

Before HUTCHESON, Circuit Judge, and BOYNTON and KEELING, District Judges.

HUTCHESON, Circuit Judge.

The suit was to enjoin and set aside orders of the Interstate Commerce Commission to the extent that they limited and thereby in part denied the "grandfather" certificate complainant had applied for. The claim was that in limiting the common carrier certificate, the commission granted, to the movement of edible nuts westbound from San Antonio, Texas, to Los Angeles, California, and general commodities, with certain exceptions, eastbound from...

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