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FLORIDA GLADIOLUS GROWERS ASS'N v. UNITED STATES

Civ. No. 2095.

106 F.Supp. 525 (1952)

FLORIDA GLADIOLUS GROWERS ASS'N et al. v. UNITED STATES et al.

United States District Court, S. D. Florida. Tampa Division.

July 23, 1952.

Attorney(s) appearing for the Case

D. G. Haley, Sarasota, Fla., and Warren H. Wagner, Washington, D. C., for plaintiffs.

Herbert S. Phillips, U. S. Atty., Tampa, Fla., for the United States.

E. M. Reidy, Associate Chief Counsel, Washington, D. C., for Interstate Commerce Commission.

Henry A. Cockrum, Solicitor's Office, Washington, D. C., for Department of Agriculture.

John F. Baecher, Sp. Asst. to the Atty. Gen., for Department of Justice.

G. L. Reeves, Tampa, Fla., and Alston, Foster, Sibley & Miller, Atlanta, Ga., for the Railway Express Agency, Inc., intervener.

Before STRUM, Circuit Judge, and BARKER and SIMPSON, District Judges.

STRUM, Circuit Judge.

The basic question here is whether or not cut gladiolus and gladiolus bulbs are "agricultural commodities" within the meaning of Sec. 203(b) (6) of the Interstate Commerce Act, 49 U.S.C.A. § 303(b) (6), which, inter alia, exempts motor vehicles carrying "agricultural commodities" from the regulatory requirements of Part II of said Act, except those relating to qualification and maximum hours of service of employees, and to safety...

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