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EAST TEX. MOTOR FREIGHT LINES v. UNITED STATES

Civ. A. No. 4174.

96 F.Supp. 424 (1951)

EAST TEX. MOTOR FREIGHT LINES v. UNITED STATES et al.

United States District Court N. D. Texas, Dallas Division.

March 7, 1951.

Attorney(s) appearing for the Case

Callaway & Reed and Rollo E. Kidwell, all of Dallas, Tex., for the plaintiff.

William D. McFarlane, Sp. Asst. Atty. Gen., H. G. Morison, Asst. Atty. Gen., James E. Kilday and John F. Baecher, Sp. Assts. to the Atty. Gen., Frank B. Potter, U. S. Dist. Atty., Fort Worth, Tex., for the United States.

Daniel W. Knowlton, Chief Counsel, and Allen Crenshaw, Asst. Chief Counsel, of Washington, D. C., for Interstate Commerce Commission.

Ewell H. Muse, Jr., Austin, Tex., and Currie & Muse, Dallas, Tex., for Strickland Transp. Co., Inc.

Before HUTCHESON, Circuit Judge, ATWELL, Chief Judge, and DAVIDSON, District Judge.

ATWELL, Chief Judge.

In accordance with Sec. 2325, Vol. 28 U.S.C.A., and Sec. 2281, relating to a three-judge court, when either an interlocutory or permanent injunction is sought to restrain any order of the Interstate Commerce Commission, proceedings were had as provided in Sec. 2284, Vol. 28 U.S.C.A.

The complainant seeks to enjoin, annul, and set aside a certain decision of the Interstate Commerce Commission by its division No. 5, embraced in its application...

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