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COLORADO RIVER WEST. RY. v. TEXAS & NEW ORLEANS R. CO.

No. 10333.

283 S.W.2d 768 (1955)

COLORADO RIVER WESTERN RAILWAY et al., Appellants, v. TEXAS and NEW ORLEANS RAILROAD COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 16, 1955.

Attorney(s) appearing for the Case

Callaway, Reed, Kidwell & Brooks, O. D. Montgomery, Dallas, for appellant Colorado River Western Ry.

John Ben Shepperd, Atty. Gen., Mert Starnes, Asst. Atty. Gen., Austin, for appellant Railroad Commission of Texas.

Tom M. Davis, Baker, Botts, Andrews & Shepherd, Houston, McKay & Avery, Austin, for appellee.

HUGHES, Justice.

This dispute is between the Colorado River Western Railway (CRW), appellant, and Texas and New Orleans Railroad Company (TNO), appellee, and involves the application or nonapplication of certain rates and charges as between themselves and which directly affect a nonpary shipper of sand and gravel, the Texas Construction Material Company (TCM).

The Railroad Commission of Texas and its members are also parties and appellants.

TNO operates...

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