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ANGELINA & NECHES RIVER R. CO. v. RAILROAD COMMISSION

No. 10036.

246 S.W.2d 928 (1952)

ANGELINA & NECHES RIVER R. CO. et al. v. RAILROAD COMMISSION et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 12, 1952.

Attorney(s) appearing for the Case

Allen, Gambill & Gambill, Seth Barwise, Fort Worth, Elmore H. Borchers, Laredo, Bullington, Humphrey & Humphrey, Wichita Falls, A. L. Burford, Texarkana, K. W. Denman, Lufkin, Adair Dyer, Dallas, G. E. Hamilton, Matador, G. H. Penland, Dallas, J. T. Suggs, Dallas, Robert Thompson, Dallas, Thompson, Walker, Smith & Shannon, Fort Worth, Wigley, McLeod, Mills & Shirley, Galveston, R. W. Wortham, Paris, Hardy Hollers, Austin, Baker, Botts, Andrews & Parish, by Joe G. Fender, Hutcheson, Taliaferro & Hutcheson, by Palmer Hutcheson, Jr., Houston, for appellants.

Price Daniel, Atty. Gen., Charles E. Crenshaw, Dean J. Capp, Asst. Attys. Gen., for appellee Railroad Commission.

Charles A. Stewart, Fort Worth, for intervenors, Texas & Southwestern Cattle Raisers' Ass'n, Inc., Texas Sheep & Goat Raisers' Ass'n, Inc., Livestock Traffic Ass'n, and Texas Farm Bureau Federation.

ARCHER, Chief Justice.

This is an appeal from an order of the trial court denying a temporary injunction restraining the Railroad Commission and its members from putting into effect or enforcing its order dated September 24, 1951 and styled "Railroad Freight Circular No. 19343," which order purported to establish so-called "emergency" freight rates on live stock feedstuffs. Appellants, which are all the principal railroads of the State of Texas, comprise the membership...

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