UNITED STATES v. TEXAS & N. O. R. CO.

No. 11238.

148 F.2d 896 (1945)

UNITED STATES v. TEXAS & N. O. R. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 15, 1945.


Attorney(s) appearing for the Case

Brian S. Odem, U. S. Atty., and J. K. Smith, Asst. U. S. Atty., both of Houston, Tex., for appellant.

T. A. Slack and Tom M. Davis, both of Houston, Tex., Allen Charlton, of Dallas, Tex., J. D. Dodson, of San Antonio, Tex., M. E. Clinton, of Dallas, Tex., and Elmore H. Borchers, of Laredo, Tex., for appellees.

Before HOLMES, McCORD, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

This is an action for a declaratory judgment brought by the United States against several railroad companies to determine prevailing freight rates upon intra-state shipments of sand, gravel, crushed stone, and related articles, to the stations of Flour Bluff and Flour Bluff Junction in Texas.

In 1940 the United States began to build and operate the Corpus Christi Naval Air Base, an enterprise requiring extensive construction and maintenance...

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